Passenger Arrests for Unconcealed Contraband

Can a passenger in a motor vehicle be arrested for unconcealed contraband? Yes, police are authorized to arrest a passenger for possession of contraband found in plain view. When a passenger is seated close to contraband found in plain view, it can be infered that the passenger knew about the contraband and had the intent and ability to exercise dominion and control over it. Under Minnesota law, this is know as the doctrine of constructive possession. A person may constructively possess contraband jointly with another person.

In State of Minnesota vs. Ortega, a passenger arrest was justifed based on the police finding a rolled-up dollar bill with a white powdery residue in the center console cup holder. The residue was field tested by the officer and found positive for cocaine. But in the case of State of Minnesota vs. Slifka, the court held that the mere presence of a passenger in a motor vehicle found to contain marijuana did not justify the arrest of the passenger. In the Slifka case, the marijuana was found concealed in the glove compartment.

If you or someone you know was a passenger in a motor and has been arrested for possession of unconcealed contraband, you will need an experienced narcotics defense attorney to defend your freedom and protect your record. Call attorney Robert J. Shane now for a free phone consultation at (612) 339-1024 or visit his website for more information at www.criminallawyerminnesota.com.

Marijuana in a Motor Vehicle Law in Minnesota

It's a misdemeanor offense in Minnesota for a driver to possess more than 1.4 grams of marijuana in the passenger compartment of a motor vehicle. It's only a petty misdemeanor offense for the same driver to possess 42.5 grams of marijuana or less in the trunk of a motor vehicle. A petty misdemeanor is considered a noncriminal offense in Minnesota subjecting the violator only to a fine not to exceed $300.00.

A passenger who possesses 42.5 grams or less of marijuana in either the trunk or passenger compartment of a motor vehicle can only be charged with a petty misdemeanor offense.

It's a felony offense for either the driver or passenger to possess more than 42.5 grams of marijuana in the passenger compartment or trunk of a motor vehicle.

If you or someone you know has been charged with possession of marijuana in a motor vehicle, you may have a legal defense to the charge based on an illegal search of your vehicle. Call Minneapolis criminal defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024. Mr. Shane has 28 years of criminal defense experience.

Can a Landlord Consent to a Police Search of Your Apartment?

In Minnesota, a third party can consent to a warrantless police search of your apartment only if the person has the right to mutual use and joint access to the premises. A roomate, for example, would have the authority to consent to a warrantless police search of your apartment.

A landlord, on the other hand, does not have the authority to consent to warrantless search of your apartment by the police. This is because a landlord does not have the right to mutual use and joint access to your apartment. Even though a landlord may reserve in the lease the right of entry into your apartment for a specific purpose, the landlord does not have the authority to consent to a warrantless police search. The only circumstance that would allow a landlord to consent to a police search of your apartment under Minnesota law would be in the case of abandoned property.

If you or someone you know has been charged with a crime based on evidence obtained in warrantless police search of your apartment, you may be able to suppress the evidence and dismiss the criminal charge based on an illegal search and seizure. Call criminal defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at www.criminallawyerminnesota.com.

Probation Revocations in Minnesota

If you have been convicted of a misdemeanor or felony offense in Minnesota, a judge will place you on probation for a certain period of time. If the offense was for a first time DWI, probation is typically for one to two years. Felony probation can last much longer. A judge may impose some executed jail time as a part of the sentence and then stay the execution of the balance of the jail sentence on certain conditions. These conditions may require you to remain law abiding, follow the rules of probation, not use alcohol or nonprescription drugs, submit to random US's, pay a fine, pay restitution, or have no contact with a crime victim. If you violate any of the conditions of probation, a judge could require you to serve more jail time.

Before you can be required to serve any more jail time, you are entitled to a hearing. The prosecutor will need to prove by clear and convincing evidence that you violated the conditions of your probation and the need for confinement outweighs the policies favoring probation.

If you or someone you know has received a notice of probation revocation, an experienced Minnesota criminal defense attorney can make the difference between freedom and doing time behind bars. Call attorney Robert J. Shane for a free initial phone consultation at (612) 339-1024 or visit his website for more information on probation revocations at www.criminallawyerminnesota.com.

Service of a Subpoena in a Minnesota Criminal Case

A subpoena is a court order to appear and testify in court. You are obligated to remain in court until such time as you are excused by either the prosecutor or the Court. If you fail to obey a validly served subpoena, you may be subject to penalties for contempt of court. A subpoena can be validly served by hand delivering a copy to the person named in the subpoena or by leaving a copy of the subpoena at the person's place of residence with another person of suitable age and discretion who resides there. A subpoena can also be validly served by mailing a copy of the subpoena to the person's residence, but the service is only effective if the person named in the subpoena signs and returns to the prosecutor an admission acknowledging receipt of the subpoena by mail. If you receive a subpoena in the mail and refuse to sign and return the admission of service, you are not legally obligated to appear in court and testify.

Minnesota Arrest Warrants

What should you do if you think a warrant may have been issued in Minnesota for your arrest? The first step is to call the warrant office of the sheriff’s department in the county where the offense occurred and make the necessary inquiries. You will need to provide your full name and date of birth to the warrant officer. If the warrant information cannot be provided to you over the phone, you could have a friend or relative go to the warrant office and request the information on your behalf. You may also be able to find out by going online and checking the sheriff’s department website for arrest warrants. Finally, you could contact a local bail bonding company and they will conduct a free warrant check for you.

If a warrant has been issued in Minnesota for your arrest, how do you clear the warrant? The best practice is to take care of the warrant while staying out of jail. Why turn yourself in at the jail if you don’t have to? A bail bonding company can make arrangements to help you post a bail, clear the warrant so it is no longer active, and obtain a court date for you. You can also go to the warrant office yourself and post a cash bail. A warrant office will typically not accept a check or money order. You also have the option of turning yourself in at the county jail. You should do this at the last possible moment but still in time to insure that you will appear before a judge the following morning. Your counsel will have an opportunity to argue for a reduced bail at your initial court appearance and may be able to obtain you release without bail.

If you or someone you know has an outstanding Minnesota arrest warrant, you will need an experienced criminal defense attorney to gain your prompt release from custody and defend your freedom. Attorney Robert J. Shane has 28 years of criminal defense experience ready to work for you. Call now for a free phone consultation at (612) 339-1024 or visit his website for more information on arrest warrants at www.criminallawyerminnesota.com.

How Much Jail Time Will I Get on a Hit and Run Offense with Priors?

The sentencing range for a misdemeanor hit and run conviction is between 0 and 90 days in jail. A person who has prior convictions is more likely to receive a longer jail sentence than someone with a clean record, especially if the prior convictions are for same or similar traffic offenses. There is also a risk that a conviction on the hit and run charge could violate the terms of probation imposed by a judge on a prior sentence. A separate probation revocation hearing may be triggered on a prior conviction if, for example, the person was required to remain law abiding and commit no new offenses while on probation. Another factor a judge will consider before imposing sentence on a misdemeanor hit and run offense is the length of time that has elapsed between the new offense and any prior convictions. When a lengthy period of time has passed between the most recent prior conviction and the current offense, the criminal defense attorney will make an argument to the the judge at sentencing that the person has remained law abiding for the most part and the prior convictions should not affect the length of the sentence.

If you or someone you know has been charged with hit and run in Minnesota or Wisconsin, you will need an experienced criminal defense attorney to defend your freedom. Attorney Robert J. Shane has 28 years of criminal defense experience ready to go to work for you. Call now for a free phone consultation at (612) 339-1024 or visit his website for more information at www.criminallawyerminnesota.com.

What Should I Do If I am Accused of Child Abuse in Minnesota?

If you have been accused of child abuse in Minnesota, the first thing to do is to exercise your right to remain silent. Do not discuss the facts of the child abuse allegations with the police or any other person. Whether you are a suspect in a child abuse investigation or a defendant facing a criminal charge, any statement you make is not considered hearsay and can be used against you at trial. In other words, any person who heard you make an incriminating statement can testify in court as to what you said.

The second thing to do is to retain a Minnesota criminal defense attorney who has experience in defending persons charged with child abuse. The attorney will need to have experience in questioning child witnesses and an ability to find the legal loophole. The jury will start out the trial believing that you are guilty of child abuse and will not take into consideration the fact that under our system of justice you are presumed to be innocent of the offense. There is a strong instinct among jurors to believe the testimony of the child abuse victim and to protect them. If the defense cross-examination of the child victim is too vigorous and appears unfair, jurors will have sympathy for the child and hold it against the defense lawyer and his client. You will need to retain a lawyer who understands these dynamics.

If you or someone you know is a suspect or defendant in a child abuse case, call criminal defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024. Mr. Shane has experience in defending against child abuse accusations and understands how to cross-examine the child witness an select a jury who can become fair to the defense case. Mr. Shane has won an acquittal on all charges in a child abuse case in Kanabec County, MN.

Will a Clean Record Help Me When Facing a Felony Charge?

Yes, a clean record will help you when facing a felony charge in Minnesota. The judge, prosecutor, and probation officer will all consider the fact that you are a first time offender when determining everything from the plea bargain to the length of the sentence.

After a person pleads guilty to a felony or is convicted after a jury trial, the judge will order a pre-sentence investigation report. The probation officer assigned to the case will interview you to collect background information, conduct a criminal history check, and prepare a report for the judge and attorneys to read prior to sentencing. One of the factors used to determine the length of a felony sentence in Minnesota includes your criminal history. The second factor is the severity level of the offense. These two factors are combined to determine where on the sentencing grid your case falls under the Minnesota Sentencing Guidelines.

A person who commits a more serious criminal offense and has a lengthy criminal history will serve more jail or prison time that a person who commits a less serious crime and has no prior convictions. A clean record will help you get a better plea bargain and a reduced sentence when charged with a felony offense in Minnesota.

If you or someone you know has been charged with a felony offense in Minnesota or Wisconsin, you will need to retain an experienced criminal defense attorney to defend your freedom. Call attorney Robert J. Shane for a free phone consultaton at (612) 339-1024 to determine how a clean record can affect the outcome of your case or visit his website for more information at www.criminallawyerminnesota.com.

When are Police Required to Read the Miranda Warning?

Police are only required to read the Miranda warning when you are "in custody." A person must be restrained to a degree associated with a formal arrest before you are "in custody." In deciding this issue, Minnesota courts consider whether or not a reasonable person in your place would believe he or she was in police custody. If a reasonable person in your place would believe he or she was in custody, the Miranda warning must be given to you prior to police questioning.

When you go to the police station on a voluntary basis to answer questions, you are not considered to be in custody and no Miranda warning is required prior to questioning. There still may be an issue as to whether or not your confession was voluntary. In determining the voluntariness of the confession, courts look to several factors including: the defendant's age, maturity, intelligence, education, experience and ability to comprehend. If your confession was not voluntary, it can not be used against you at trial even though you were read the Miranda warning.

If you, or someone you know, has confessed to a crime in Minnesota or Wisconsin, you will need to hire an experienced criminal defense attorney to defend your freedom and reputation. Attorney Robert J. Shane has 28 years of criminal defense experience ready to go to work for you. Call now for a free phone consultation at (612) 339-1024 or visit his website for more information on the law of confessions at www.criminallawyerminnesota.com.

When Can I Be Arrested for Receiving Stolen Property?

You can be arrested for receiving stolen property in Minnesota if you know, or have reason to know, the property is stolen. You would have reason to know the property was stolen if, for example, you bought a Rolex watch from someone on the street corner for only $75.00 when the watch is worth $500.00. Even if you did not have personal knowledge that the watch was just stolen from a jewelry store, the law imposes criminal liability because you should have known you were purchasing stolen property. The policy behind the law is aimed at discouraging theft crimes by taking away the financial incentive.

If you, or someone you know, has been arrested for receiving stolen property in Minnesota or Wisconsin, you will need an experienced criminal defense attorney to defend your freedon. Call attorney Robert J. Shane for a free phone consultation at (612) 339-1024. Mr. Shane has 28 years of criminal defense experience to work for you. Experience is your best defense.

Am I Entitled to Receive a Copy of My Confession?

Yes, if you are a defendant charged with a crime in Minnesota, you are entitled by statute to receive a transcript or CD of any statement made by you during the course of a police interview. Your criminal defense attorney will obtain a copy of the confession by making a written request to the prosecuting attorney for the disclosure of all evidence in the case including any statements made by the defendant and any other witness.

If you, or someone you know, has been charged with a crime in Minnesota and has made a confession to the police, you may be able to challenge the use of the confession against you at trial. Call Minneapolis criminal defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information on confessions in a criminal case at www.criminallawyerminnesota.com.

How Much Jail Time Will I Get on a Minnesota Forgery Conviction with No Priors?

If you are convicted of forgery in Minnesota and have no prior record, you could serve anywhere from no jail time to a year and a day at the county workhouse. This is not a prison commit case. Forgery is on the low end of the severity scale since it is considered a property offense and is not treated as seriously as a crime against a person. My advice would be to retain an experienced forgery defense attorney to review the case for legal defenses. If there are no legal defenses to the forgery charge, your best defense would be to show good faith by paying restitution to the victim in full while the case is still pending. I would also advise you to attend and complete an 8 hour online theft offender treatment program. These efforts toward rehabilitation will go a long way in reducing jail time to no time. If the crime was committed in Hennepin County, your criminal defense attorney may be able to divert the case out of the the criminal justice system and into the Project De Novo program. If you successfully complete all the conditions of the diversion program, the charge against you will be dismissed without a criminal conviction on your record.

If you, or someone you know, has been charged with forgery in Minnesota or Wisconsin, you will need to retain an experienced forgery defense attorney. Robert J. Shane has 28 years of criminal defense experience and a successful track record. Call now for a free phone consultation at (612) 339-1024 or visit his website for more criminal defense tips at www.criminallawyerminnesota.com.

If I Fire My Lawyer, Can I Continue the Trial Date in a Criminal Case?

Yes, you should be able to continue the trial date in your Minnnesota criminal case when you fire your existing attorney and retain new counsel. The new lawyer will need extra time to review the evidence in the case, conduct a thorough investigation, and prepare for trial. The best practice would be for the new lawyer to file a Certificate of Representation with the court administrator and serve a copy of the Certificate on the prosecutor. This document notifies the court and prosecutor that a new criminal defense lawyer has been retained to defend the case.The new lawyer should then contact the prosecutor by phone and request permission to continue the trial date. If the prosecutor has no objection to the continuance of the trial date, the new lawyer will contact a clerk in criminal assignments and make arrangements to reschedule the trial date. If the prosecutor should object to the defense request for a continuance, the criminal defense attorney will file a formal motion with the court along with an attached affidavit from the defense lawyer detailing the reasons in support of the continuance. Most judges will grant the defense motion to continue the trial date based on the fact that a new lawyer has been substituted to represent the defendant and needs more time to prepare the case for trial.

If you, or someone you know, plans to fire their existing lawyer and retain new counsel, they will need to find an experienced Minnesota criminal trial lawyer. Attorney Robert J. Shane has 28 years of criminal defense experience. Call now for a free phone consultation at (612) 339-1024 or visit his website for more information at www.criminallawyerminnesota.com.

When Can Police Search My Car for Drugs Under Minnesota Law?

A vehicle search without a warrant is illegal under Minnesota law unless it falls within certain limited exceptions to the warrant requirement. If a car was uninsured, for example, a vehicle search could be justified under the inventory exception to the search warrant requirement. Under this exception, the police do not need to obtain a warrant prior to searching your car. Since a car cannot be driven in Minnesota without valid insurance, the police are allowed to impound your car and conduct an inventory search of all of its contents, including any items located in the trunk.

A vehicle search by police could also be justified if police can establish probable cause to believe drugs are located inside of your car. Often times police will use a trained narcotics dog to establish probable cause to search your car. But before police can call in a drug dog to sniff around the outside of your car, they will need to establish reasonable suspicion to believe illegal drugs may be located somewhere inside your car. Reasonable suspicion could be established, for example, when police observe paraphernalia in the ash tray or smell an odor of marijuana coming from inside the car. If the police have reasonable suspicion, Minnesota law allows a trained narcotics dog to walk around the outside of your car and sniff for illegal drugs. If the drug dog "hits" on any illegal drugs, the police have established probable cause to search the inside of your car and trunk, including any containers.

If you, or someone you know, has been arrested for possession of controlled subtances found inside of a car, you may have a defense based upon an illegal search and seizure by the police. You will need an experienced Twin Cities criminal defense attorney to defend your freedom. Call defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024. Attorney Shane will his use 28 years of criminal defense experience to help your case. Call now.

Should I Go to the Police Station for Questioning?

When you voluntarily go to the police station for questioning, the police have no legal duty to inform you of your right to remain silent or to have an attorney present. Police are only required to read you the Miranda warning when you are in police custody. The police are reluctant to advise you of your Miranda rights when they have no duty to advise you. They know that an experienced Minnesota criminal defense attorney will advise a suspect not to submit to police questioning. When you voluntarily go to the police station for questioning, there is always a risk that you may incriminate yourself. If you are as suspect in a criminal investigation, your best defense is to not submit to police questioning and to immediately retain defense counsel.

If you, or someone you know, is a suspect in a criminal investigation in Minnesota or Wisconsin, call attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website at www.criminallawyerminnesota.com for more information regarding your right to remain silent.

How to Defend a Driving after Suspension Ticket

Before you can be convicted of driving after suspension, a prosecutor will need to prove beyond a reasonable doubt that you knew, or should have reasonably known, that your driver's license was suspended on the date of the offense. The prosecutor can meet this burden of proof by introducing at trial a certified copy of the notice of suspension of driving privileges mailed by the Department of Public Safety to the address listed on your driver's license. If the notice was never mailed to you by the Department, the prosecutor may still attept to introduce other evidence at trial proving that you reasonably should have known about the driver's license suspension. For example, you may have been informed by a judge at your last court appearance that as a result of pleading guilty to no insurance, your driving privileges would be suspended or revoked.

You may have a lack of notice defense to the charge of driving after suspension. An experienced Minnesota traffic defense attorney will make a request from the prosecution for copies of all the evidence the prosecution intends to use against you at trial. If there is no evidence to prove beyond a reasonable doubt that you had knowledge of the suspension of your driving privileges, your criminal defense attorney will file a motion to have the charges against you dismissed for lack of probable cause to believe you committed the offense.

If you, or someone you know, has been charged with driving after suspension in Minnesota, you may have a lack of notice defense to the charge. You will need to retain an experienced traffic defense attorney to defend the case. Call attorney Robert J. Shane for a free initial phone consultation at (612) 339-1024 or visit his website for more information on traffice defense at www.criminallawyerminnesota.com.

Can I Expunge a Minnesota Felony Theft Conviction?

Yes, you can file a petition in Minnesota to expunge a felony theft conviction from your record. The court has the "inherent authority" to grant the expungement petition. You will need to prove to the court at a hearing that the benefit of sealing your criminal record outweighs the detriment to society in not knowing about your criminal past. If you can meet this burden of proof, the court can use its inherent authority to grant the petition and seal the courthouse file. Since the case resulted in a conviction and was not resolved in your favor, the court does not have the authority to order the executive branch of government to seal their records. This means that the expungement order will have no effect on sealing the record of conviction maintained by the Minnesota Bureau of Criminal Apprehension, police reports, or the files kept by the prosecuting authority. If your case had been resolved in your favor by an acquittal, for example, or by a continuance for dismissal, the court could exercise its statutory authority and seal all the records concerning the case, including records maintained by the BCA, the police department, and the prosecuting attorney.

If you, or someone you know, is considering filing in Minnesota for an expungement of a criminal conviction, you will need to retain an experienced expungement attorney. Call attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit hs website for more information on expungements at www.criminallawyerminnesota.com.

The Law of Self Defense in Minnesota

Minnesota law allows a defendant charged with aggravated assault to assert the right to self defense under certain conditions. Before you may rely on self defense at trial, the law requires that you retreat from the encounter before resorting to the use of force. If it is not possible to retreat from the encounter, you may use a reasonable amount of force to defend yourself. Depending on the facts of the case, a person may have been able to run to safety and avoid a violent encounter. If so, self defense is not available. Secondly, the use of force must be reasonable under the circumstances. If someone, for example, grabs your arm, punching them in the face and knocking them out cold may be considered the use of unreasonable force. The law allows you to use only as much force as is necessary to defend yourself. To sum up, the use of self defense requires that you retreat from the encounter, if at all possible. If there is no way for you to retreat, you may use only a reasonable amount of force to defend yourself. The ability to assert self defense in an assault case can be determined only after conducting a thorough investigation of the facts necessary to support the defense.

If you, or someone you know, has been charged with aggravated assault, you may be able to claim self defense. You will need an experienced Minneapolis criminal defense attorney to evaluate your case for self defense. Call Robert J. Shane at (612) 339-1024 or visit his website for more information on the law of self defense at www.criminallawyerminnesota.com.

Should I Turn Myself In After a Hit and Run?

My advice would be to retain a Minnesota hit and run defense attorney before turning yourself in at the jail. A lawyer will be able to determine whether or not a warrant has been issued for your arrest. If there is an outstanding arrest warrant, the court may have authorized a bail amount. If bail has been set by the court, you should contact a bail bonding company from the comfort of your own home. The bonding company will post the bail amount on your behalf and schedule your first court appearance.

A hit and run defense attorney may also be able to persuade a prosecuting attorney to issue a summons instead of an arrest warrant. A summons is mailed to your house and notifies you of the date of your first court appearance. An experienced criminal defense attorney may be able to keep you at home and out of jail when facing hit and run charges.

If you or someone you know was involved in a hit and run, you will need to retain an experiened Minnesota criminal defense attorney. Call Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information on leaving the scene of an accident at www.criminallawyerminnesota.com.

How Easy Is It To Be Indicted in Federal Court?

There is an old saying in the law: You can indict a ham sandwich. That's how easy it is for the US Attorney to indict someone for a federal crime. The grand jury meets in secrecy behind closed doors with only the prosecutor and his witnesses. Defense attorneys are not allowed in the grand jury room so government witnesses are never subjected to rigorous cross-examination. The grand jury never hears testimony from a single defense witness. Now you can understand how a ham sandwich can be indicted in federal court

The facts of the case and the skill level of your criminal defense attorney will determine whether or not the case can be beat in federal court. If you suspect you may be indicted for a federal crime, you will need to retain and experienced federal criminal defense attorney to defend your freedom. Call federal defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information on federal crimes at www.criminallawyerminnesota.com.

Minnesota Hit and Run Defense

Leaving the scene of an accident or "hit and run" is a misdemeanor offense in Minnesota. A conviction could result in a sentence of up to 90 days in jail and/or a $1,000.00 fine. Whenever a person is involved in a property damage accident with an unattended vehicle, Minnesota law requires you leave a written notice with your name and address in a conspicuous place on the damaged vehicle. If you fail to do so, you could be charged with a hit and run offense. A conviction will be certified on your driving record as a moving violation and may result in increased insurance rates. An experienced traffic defense attorney may be able to find the legal loophole to the keep a hit and run conviction off your record and you out of jail.

If you or someone you know has been charged with hit and run, call attorney Robert J. Shane at (612) 339-1024 for a free phone consultaiton. Hiring an experienced hit and run defense attorney is your best defense.

Do I Need to Hire an Attorney on a Theft Charge?

My advice would be to hire an attorney to defend your freedom and reputation when charged with a misdemeanor theft crime. Even though the dollar amount of the theft may be low, the negative consequences resulting from a conviction are high. A prospective employer or landlord can easily conduct a criminal history background check and discover your theft conviction. A theft conviction found on your record could cost you your job and limit your housing choices. When you represent yourself in court, you have no bargaining power with the prosecutor and may face jail time. With a lawyer, you have a better chance of keeping a conviction off your record and staying out of jail. An experienced theft defense attorney will recommend that you complete a theft offender treatment program and pay any restitution owing to the victim prior to your first court appearance. Hiring an attorney is your best defense against a theft charge.

If you or someone you know has been charged with theft crime, call attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at www.criminallawyerminnesota.com.

What Do I Do If I Missed My Court Date on a Probation Violation Case

If you fail to complete a condition of probation, such as community service or fine payment, the court can violate your probation and imposes any stayed jail time. Sounds like your case was scheduled for a first appearance on a probation violation. When you miss a court appearance, the judge issues a bench warrant for your arrest. My advice would be to retain counsel and then make arrangements to turn yourself in at the jail on the bench warrant as soon as possible. The lawyer will appear with you in court the next day to represent you and make arguments for your release from jail without having to post bail. The case will then be scheduled for a probation revocation hearing before the sentencing judge. You should pay the fine and complete the community service prior to the next court hearing on the probation violation. This tactic will provide you with the best defense against any jail time on the violation.

If you or someone you know has missed their court date on a probation violation, you will need an experienced criminal defense attorney to defend your freedom. Call Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information on how to defend against a probation violation at www.criminallawyerminnesota.com.

What Can We Do If Our Son Sent a Threatening Text Message?

The best defense is advise your son not to interview with the police or their investigators. The text message he sent, threatening to stab a girl, qualifies as a terroristic threat. The officer will complete his investigation and submit his reports to the prosecuting authority for review. The prosecutor will make the decision on whether or not to file a petition in juvenile court charging your son with terroristic threats, a felony level offense. The decision will be based on whether or not there is sufficient evidence to prove the elements of the crime beyond a reasonable doubt. You would be well advised to retain experienced defense counsel prior to the filing of formal charges. Your son needs to be proactive and enter into counseling now to address anger issues. Prosecutors are interested in protecting public safety and want to insure against repeat offenders. By completing anger counseling now, he will improve the likelihood of a favorable outcome in the case.

If you or someone you know has been charged with sending a threatening text message, you will need to retain experienced defense counsel to protect their future. Call Twin Cities Defense Attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information on the defense juvenile crimes at www.creiminallawyerminnesota.com.

Can You Be Charged with a DWI if You Test Below the Legal Limit?

Yes, you can still be charged with a DWI even when your blood alcohol content is below the legal limit. A DWI charge is a separate offense from a .08 or more alcohol concentration charge. A straight DWI charge does not require the prosecution to prove that your blood alcohol level was at or above the legal limit. A straight DWI charge is a conduct based offense that can be proved at trial through testimony by the officer regarding his observations of intoxication and the results of field sobriety testing. The prosecutor need only prove that you were driving under the influence of alcohol. A police officer who has prior experience with DWI arrests can render an opinion at trial that your were driving under the influence of alcohol. The opinion will be based on his observations regarding the odor of alcohol on your breadth, bloodshot and watery eyes, slurred speech, an admission of drinking, and impaired driving conduct. The good news is that if you test below .08, you will not lose your driver's licence and you have a good shot at having the charge amended down to careless driving.

If you or someone you know tested below the legal limit and has been charged with a straight DWI, you will need an experienced DWI defense attorney to avoid a conviction. Call Twin Cities defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information on DWI defense at www.criminallawyerminnesota.com.

Can I Swap Attorneys in a Criminal Case?

Yes, you can swap attorneys at anytime. The attorney you hired to defend you in a criminal case has an ethical duty to stay in contact with you and to promptly return your phone calls. If he fails to do so, you have plenty of reason to fire your lawyer and request a refund of any unearned portion of the retainer fee. Once you retain a new lawyer, he will file a Certificate of Representation with the court, notify the prosecutor of his representation, and request all of the case file documents from your former attorney.

The best defense is to insure that the new attorney has a complete mastery of all the facts. In order to accomplish that goal, the lawyer needs to stay in constant contact with his client and continue to acquire new information about the case. There is no better source of information than a client with first hand personal knowledge of the facts of the case.

If you or someone you know has hired a criminal defense attorney who does not return phone calls, you need to swap attorneys and hire attorney Robert J. Shane. Call for a free phone consultation at (612) 339-1024.

How Do I Lower My DWI Charge?

The best tactic for lowering a DWI charge involves conducting a thorough investigation of the facts in your case with an eye towards finding legal loop-holes. You will need to retain an experienced DWI defense attorney to guide you. There are many constitutional defenses available to a DWI suspect, including the following: (1) challenging the basis for the police stop of your car; (2) lack of probable cause to justify a DWI arrest; (3) failure of the officer to read you the Minnesota Implied Consent Advisory prior to testing; and (4) failure of police to allow you a reasonable amount of time to contact an attorney to discuss whether or not you should submit to alcohol testing.

The second best tactic for a DWI suspect is to be proactive with your case. Early on in the case you should have an alcohol assessment done and complete all recommendations for treatment. Acknowledging responsibility and taking positive steps towards treatment will go a long way in lowering your DWI charge.

If you or someone you know has been charged with a DWI, you will need an experienced DWI defense lawyer to lower your charge. Call Twin Cities defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more informaiton on the best defense for a DWI charge at www.criminallawyerminnesota.com

Can a Police Officer Pull You Over for No Reason?

A police officer cannot pull you over for no reason. The officer must have some reasonable suspicion of criminal activity before he can stop your car. This standard is less than the probable cause required for an arrest but more than "a mere whim, caprice or idle curiosity." Under Minnesota case law, the basis for a valid vehicle stop is minimal and doesn't require an actual violation of the traffic laws. Stops have been upheld by the courts for having a license plate wired on to the car, weaving within your lane, evading a police officer who is following behind you, wide turns, and leaving your bright lights on.

If you believe the officer did not have reasonable suspicion of criminal activity to justify the stop of your car, you are entitled to a court hearing to determine the legality of the stop. An experienced criminal defense attorney will file a motion to suppress the evidence based on the grounds of an illegal stop. The officer will need to testify at the hearing and establish an objective basis for the stop of your car. Your lawyer will have an opportunity to cross-examine the police officer and offer testimony from witnesses. If the motion to suppress the evidence is granted by the court, any evidence seized by the police after the car stop cannot be used against you at trial. This would include field sobriety tests, intoxilyzer tests, admissions and confession, and drugs. Without evidence of the crime, the court will dismiss the charges against you based on lack of probable cause to believe you committed a criminal offense.

If you or someone you know has been pulled over for no reason and charged with a crime, you will need an experienced traffice defense attorney to defend your freedom. Call Robert J. Shane for a free initial consultation at (612) 339-1024 or visit his website at www.criminallawyerminnesota for more information on traffic defense.

Can Police Search Your Car If the Owner Has a Prior Drug Conviction?

No, police are not authorized to search your car on the sole grounds that the owner has a prior drug conviction. In order to justify a warrantless search of a car for drugs, police will need to establish probable cause to believe that drugs are located inside the car. The officer could establish probable cause to search the car by observing drugs or paraphernalia in plain view or by detecting an odor of marijuana coming from inside the vehicle. Also, if police have reasonable suspicion that the car may contain drugs, they can briefly detain you in order to have a drug detection dog walk around the outside of your car. If the drug detection dog alerts the officer to the presence of drugs in the car, police would have established probable cause to justify a warrantless search of the car. The only other way police could search the car of an owner with a prior drug conviction would be if the owner consented to the police search.

If you or someone you know has been charged with a drug offense based on illegal car search, you will need an experienced drug defense attorney to defend your rights. Call drug defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information on defenses to drug crimes at www.criminallawyerminnesota.com.

Can Two People Be Charged with Possession of the Same Drug?

Yes, two people can be charged with possession of the same drug under the legal theory of constructive possession. For example, if the police found a rock of crack cocaine on a coffee table during the execution of a search warrant, and you and a friend were found seated around the table, you could both be charged with possession of crack cocaine. This is true because the crack cocaine was in found in an area over which you both exercised possession and control.

If you or someone you know has been charged with possession of crack cocaine, you will need an experienced Minneapolis drug defense attorney to defend your freedom. Call Robert J. Shane at (612) 339-1024 for a free phone consultation or visit his website for more information on crack cocaine defenses at www.criminallawyerminnesota.com.

Falsely Accused of Stealing on the Job?

If you have been falsely accused of stealing on the job, your best defense is to hire an attorney now for pre-charge legal representation. If you are absolutely innocent, it may be to your advantage to fully cooperate with the police investigation. By giving a statement to the police and consenting to a search of your home, you will be demonstrating your innocence. You may also want to consider offering to submit to a polygraph test. A negative test result could put the case to rest permanently. If the police investigation comes up empty with no admission of guilt and no evidence of the crime, the case may not be referred to a prosecutor for criminal charges. That's why you need pre-charge legal representation.

If you or someone you know has been falsely accused of stealing on the job, you will need an experienced theft defense attorney to defend your freedom and reputation. Call theft defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information on theft defenses at www.criminallawyerminnesota.com.

What Should I Do If I Am Accused of Child Abuse?

You will want to immediately retain experienced defense counsel to defend your freedom and reputation. While the case is being investigated, you should not interview with any police officer or investigator. You are at risk for being charged with malicious punishment of a child and domestic assault. By hiring an attorney early on in the case, you may be able to prevent criminal charges.

If you, or someone you know, has been charged with child abuse, you will need an experienced child abuse defense attorney to defend your freedom. Call attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at http://www.criminallawyerminnesota.com.

Can I Be Charged with a DWI on Private Property?

Yes, you can be charged with a DWI for drunk driving on private property. Minnesota DWI laws apply to operating a vehicle while under the influence on private property, lawns, parking lots, lakes and rivers. The courts always interpret the DWI laws liberally in favor of public safety. The DWI charge could still be dismissed if the police did not have reasonable suspicion of criminal activity to justify the stop of your car or lacked probable cause to justify a DWI arrest. You should always have your case reviewed for possible defenses by an experienced DWI lawyer.

If you, or someone you know, has been charged with a DWI on private property, you should retain an experienced DWI defense attorney to protect your liberty and your license. Contact Robert J. Shane at (612) 339-1024 or visit his website for more DWI tips at http;//www.criminallawyerminnesota.com.

Can I Be Recharged with a Felony After It is Dismissed?

Yes, you can be recharged with a felony after the charge has been dismissed. Often times a prosecutor will dismiss a felony charge on his own motion for lack of evidence or due to missing witnesses making the case more difficult to prove at trial. A criminal case can also be dismissed on a defense motion based on lack of probable cause to believe an offense was committed by the defendant. After the dismissal, police investigators may discover new evidence or trial witnesses establishing probable cause and making the case easier to prove at trial. Under these circumstances, the prosecutor has the right to recharge the felony case. The only road block to recharging the case would be the statute of limitations for criminal offenses. Most crimes require the case to be charged out by the prosecution within three (3) years from the date of the alleged offense. Once the statute of limitations expires in a criminal case, the felony case can not be recharged.

If you or someone you know has been recharged with a felony after it was dismissed, you need to defend your freedom. Contact criminal defense attorney Robert J.Shane for a free consultation at (612) 339-1024 or visit his website for more information at http://www.criminallawyerminnesota.com.

Do Juveniles have a Right to Counsel?

Yes, minors are entitled to have legal representation in juvenile court. If they are indigent, the court will appoint an attorney to represent them. Minors are entitled to many of the same rights as adults including the right to remain silent and to confront and cross-examine witnesses at trial. These rights are guaranteed to juveniles by the Due Process Clause of the Fourteenth Amendment. The right to counsel in a criminal case is guaranteed to adults by the Sixth Amendment. The only right not guaranteed to a juvenile is the right to a jury trial. Juveniles are limited to having their criminal cases tried before a judge without a jury.

If you or someone you know has been charged with a criminal offense in juvenile court, you will need an experienced juvenile defense attorney to defend their freedom. Contact Robert J. Shane at (612) 339-1024 for a free phone consultation or visit his website for more information about juvenile criminal cases at http:www.criminallawyerminnesota.com.

Can I Still Be Sued if I Was Acquitted of an Assault Charge?

If a person is acquitted of a criminal assault charge, he can still be sued for a civil assault arising out of the same set of facts. This is true because the parties are different in both cases. In the criminal case the parties are the State of Minnesota verses the defendant. In the civil case the parties are the victim of the assault verses the defendant. Since the victim of the assault did not have an opportunity to participate as a litigant in the criminal trial, the victim is not bound by the outcome in the criminal trial.

Can I Fight a Minor Consumption Ticket?

Yes, you can fight a minor consumption ticket. You would be wise not to submit to a preliminary breath test. You are under no legal obligation to submit to any field sobriety testing. The PBT test result is admissible evidence in court and can be used against you in a minor consumption prosecution.

If you agree to submit to the pen test tracking your eye movements, the officer will be allowed to testify at trial regarding the results of this test. Also, the officer is permitted to testify as to his observation of bloodshot and watery eyes and the odor of alcohol on your breath. Since any amount of alcohol in the system of a minor is a crime, the case may be difficult to beat at trial if you submitted to any field sobriety testing. So don't submit.

If you did submit to field sobriety testing, you may be better off attempting to plea bargain the case by entering into a stay of adjudication or continuance for dismissal plea agreement. By entering into these types of plea agreements, you will be able to keep a conviction off your record. It is also a good idea to be proactive by completing an alcohol assessment and attending an alcohol treatment class before the case comes to court. This show of good faith on your part will help you to negotiate a more favorable plea bargain.

If you or a friend have been charge with minor consumption, you will need an experienced criminal defense attorney on your side. Contact attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at http://www.criminallawyerminnesota.com.

How Can I Drop Assault Charges Against My Friend?

The best advice would be for you to contact the prosecuting attorney and tell him that you do not wish to cooperate in the prosecution of your friend. No prosecutor wants to have an uncooperative witness at trial. Let the prosecutor know if you were the one who started the fight. The defendant may be able to assert self-defense and the state may learn that they no longer have a slam dunk case. Some prosecutors will tell you that it doesn't matter if the victim wants the case dismissed because they represent the State of Minnesota, and not you. If you are sent a subpoena in the mail, you will be asked to sign the back of the subpoena and acknowledging receipt of it. If you don't acknowledge receipt of the subpoena, the service is ineffective and the prosecutor will have to send a process server out to your house to personally serve you with the subpoena. That costs the state money they may not want to spend.

The Best Defense in a Shoplifting Case

The best defense in a shoplifting case is to hire an experienced criminal defense attorney. If you represent yourself, you will have no bargaining power with the prosecutor and will only be offered unfavorable plea agreements that result in a conviction and jail time. An experienced criminal defense attorney will know the prosecutor and may be able to negotiate a continuance for dismissal, a stay of adjudication, or a stay of imposition of sentence with dismissal of the charges after one year. All of these plea agreements will insure against a permanent theft conviction on your record and help to keep you out of jail.

If you have been charged with a shoplifting case, contact Robert J. Shane at (612) 339-1024 for a free phone consultation and take advantage of 28 years of criminal defense experience.

The Destruction of Evidence in a Criminal Case

If evidence favorable to the defense of a criminal case has been destroyed by the prosecution, you may be able to have the charges against you dismissed. The willful and intentional destruction of exculpatory evidence by the prosecution will provide you with favorable grounds for filing the motion for dismissal. The Due Process Clause the United States Constitution guarantees all criminal defendants the right to present a vigorous defense against criminal charges. Without the evidence, due process has been denied. If the destruction of the evidence was accidental or the missing evidence is unlikely to create reasonable doubt in your case, the motion for dismissal will be denied. The destruction of evidence by the prosecution may provide you with the "'Best Defense."

If evidence favorable to your case has been destroyed by the prosecution, you will need to hire a skilled and experienced criminal defense attorney. Call Robert J. Shane at (612) 339-1024 or visit his website for more information on the destruction of evidence at http://www.criminallawyerminnesota.com.

Can I Keep a Theft Offense Off My Record?

It may be possible to keep a theft charge off your record given the dollar amount of the theft and a clean record. My advice would be to enroll in a theft offender treatment program now and complete the program before your first court appearance. A proactive defense is the best defense against a criminal charge. Secondly, I would hire an experienced theft defense attorney to guide you through the court system. You do not want to make any contact with the prosecutor or police while your case is pending. You may place the outcome of your case at risk by making dangerous admissions against your interest. The job of contacting the prosecution and police should be left to the criminal defense attorney. If the case is continued for dismissal, there will be no chance for a jail consequence.

Nonpayment of a Retainer Fee in a Criminal Case

The attorney you hired is required to continue legal representation in your case even though you are unable to pay the balance of the retainer fee. Attorneys are required to file a Certificate of Representation with the Court in any criminal case. Once the certificate is filed with the court, the criminal defense lawyer may only withdraw from legal representation after filing a formal motion to withdraw with the court and securing a court order allowing the withdrawal. The nonpayment of the balance of a retainer fee is not a legitimate basis for granting a motion to withdraw form legal representation in a criminal case. The law is designed to insure that people continue to have legal representation in criminal cases even when their pocket book can't afford it.

Will Payment of a Shoplifting Fee Erase My Arrest Record?

The store's attorney has a right under a statute to demand payment of the $250.00 fee in a shoplifting case. The fee is separate from any restitution payment that may be owed to the victim. The odds of the employer suing you to collect the statutory fee are slim and payment of the fee will not erase the arrest record for this offense. You will need to negotiate a continuance for dismissal of the criminal case without the entry of a guilty plea. At the end of the continuance period, the criminal charge against you will be dismissed. After the case is formally dismissed, you will be able to file an expungment petition to seal the courthouse file and the arrest record. Securing an expungment order from the court will insure a clean background check by any employer.

If you have been charged with a shoplifting offense, you will need an experienced criminal defense attorney to protect your future. Call attorney Robert J. Shane for a free consultation at (612) 339-1024 or visit his website for more information at http://www.criminallawyerminnesota.com.

Should I Turn Myself in on a Warrant First or Retain Counsel?

You should meet with an experienced criminal defense attorney first. If you meet with the police first, you will be interrogated and may incriminate yourself. The officer could then testify at your trial as to any incriminating statements you made to him. Most attorneys will advise you never to make any statements to the police under any circumstance. The sooner your retain counsel and turn yourself in on the warrant, the better the outcome will be in terms of a plea bargain and sentence. Long delays in turning yourself in on a known warrant weigh heavily in favor of the prosecution. Why take any chances with your freedom?

If you have an outstanding warrant for your arrest, contact defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at http://www.criminallawyerminnesota.com.

How To Speed Up Your Criminal Court Case

Minnesota law requires that your case be brought to trial within sixty (60) days from the date of the demand for a speedy trial. This is a constitutional right. The time period does not begin to run until after the entry of a not guilty plea. A defendant can make the demand for a speedy trial either orally on the record at a court appearance or by filing a written demand for a speedy trial with the court.

If your case does not come up for trial within sixty (60) days from the date of the demand, you should file a motion to dismiss the criminal charges against you based on a denial of your constitutional right to a speedy trial. The courts look look to several factors when deciding whether or not good cause exists for the delay including whether or not a demand for a speedy trial was made and the reasons for the delay. A conjested court calendar is not considered good cause for the delay except in exceptional circumstances. Don't let the court system bog you down with endless court appearances, demand your right to a speedy trial.

Drug Asset Forfeiture Law in Minnesota

An investment property is only subject to forfeiture under Minnesota state law where (1) the retail value of the controlled substance seized from the property during a search or arrest has a retail value of $2,000.00 or more; and (2) the owner has knowledge that the property was used to store or manufacture illegal drugs.

If the property is a homestead, the Minnesota Constitution prohibits the sale of the home in a drug forfeiture proceeding.

If you own rental property, and a controlled subtance with a retail value of $100.00 or more is seized by the police during a search or arrest, the county attorney is required to notify the landlord and the tenant of the seizure. The landlord then required to commence an eviction proceeding against the tenant. If the the landlord fails to initiate the eviction proceeding and a second seizure of a controlled substance is make from the same rental property within one year, the rental property may be forfeited if the value of the the drugs on the second seizure is $1,000.00, or the two seizures are each worth $100.00.

If you have been served with notice of a property forfeiture in a controlled substance case, you will need an experienced forfeiture attorney to protect your asset. Contact attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at http://www.criminallawyerminnesota.com.

Will My Case Be Dropped for Failure to Read Me My Rights?

The case against you could be dropped if your confession is the only evidence available to prove you committed the the crime. Police are required to read you the Miranda warning before questioning if you are in police custody and being interrogated about the offense. If police fail to comply with the Miranda warning, the prosecution is not allowed to use your confession against you at trial. The case may still be prosecuted if there is sufficient other evidence available to prove your guilt beyond a reasonable doubt. Often times the prosecution will have videotape, fingerprints, DNA evidence, or eye witness testimony to prove their case. If so, the lack of a confession is not essential to proving their case.

Why the Weight of Bong Water Matters

Why should the size of water pipe a person uses matter to law enforcement? It matters because if the bong water contains 4 fluid ounces or more of a mixture containing a controlled substance, the weight of the bong water can be used to increase the severity of the drug charge against you. Instead of being charged with a 5th degree controlled substance offense for residue found in a bowl, you could be looking at a prison commit when you add cocaine bong water to the weight of the residue. The bong water law went into effect in Minnesota on May 25, 2011 and applies to all crimes committed on or after that date. The new law does prohibits the use of the weight of the bong water if it is under 4 fluid ounces, which is equal to about a half of cup of water. My advice? A smaller bong is the best defense.

The Under the Influence of Medication Defense

The majority of crimes require the prosecution to prove criminal intent beyond a reasonable doubt before you can be convicted. If you were under the influence of medication at the time of an alleged offense, you may be able to establish the defense of lack of intent to commit the crime. You will need to retain a medical expert to testify regarding the effects of the medication on your ability to think rationally and intend the consequences of your actions. If reasonable doubt can be raised regarding your intent to commit the crime, a jury is duty bound to return a verdict of not guilty.

My advise is to retain experienced counsel to build the framework of your defense against unfair prosecutions. Contact attorney Robert J. Shane for a free phone consultation at (612)339-1024 or visit his website for more information at http://www.criminallawyerminnesota.com.

Can a Warrant Issue When I Have Never Been Arrested for a Crime?

Yes, a warrant can issue even when you have never been previously arrested or cited for a criminal offense. The issuance of a warrant for your arrest is one way of quickly bringing you before the court to face criminal charges. The decision to request a warrant is made by the prosecuting attorney and is reserved for more serious criminal offenses such as aggravated assault, burglary and high level drug offenses. Whenever there is a perceived threat to public safety, police and prosecutors don't want to take any chances that a dangerous suspect may flee the jurisdiction or continue to commit more crimes after receiving a summons in the mail to appear in court on some future date.

What Can Happen If I Was Caught With a Pound of Meth?

If you were found in possession of a pound of methamphetamine and are convicted of the offense, the Minnesota Sentencing Guidelines call for a prison sentence of 86 months. If the case goes federal, the prison consequences are even worse. My advice is to immediately hire an experienced criminal defense attorney to search for loopholes in the prosecution's case. There may have been an illegal search and seizure of the evidence by the police. If your constitutional rights were violated, you may be able to suppress the use of the evidence against you at trial. Don't take any chances. Your freedom is on the line. Contact attorney Robert Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at http://www.criminallawyerminnesota.com.

Should I Submit to Polygraph Testing in a Criminal Case?

If you are completely innocent, my advice would be to submit to polygraph testing. The odds favor that you will pass the test and be eliminated as a suspect in the criminal case. If for some reason you fail the polygraph test, the results are inadmissible in court. If you are involved in any way with the criminal case, you should refuse to submit to polygraph testing and assert your constitutional right to remain silent. The police are only interested in obtaining convictions and are highly trained in the fine art of securing confessions from potential suspects. Don't give them the opportunity.

Before making a decision on whether or not to submit to polygraph testing, your case needs to be reviewed by an experienced criminal defense attorney. Contact attorney Robert J. Shane at (612) 339-1024 for a free phone consultation or visit his website for more information at http://www.criminallawyerminnesota.com

What Will Happen to My Driver's License on a First Time DWI?

Your license to drive will be revoked by the commissioner for a period of 90 days where a test result indicates a blood alcohol concentration of .08 or more. If your test result is more than twice the legal limit of .08, your license to drive will be revoked by the commissioner for not less than one year.

If you plead guilty to a first time DWI offense, the license revocation period will be reduced automatically down to 30 days. The law offers the incentive of a reduced license revocation period for people who chose to plead guilty to the DWI charge. If your criminal case is weak and you have no defense, it will be to your advantage to plead guilty early in the proceedings in order to reduce the license revocation period.

You may also be eligible to apply for a limited license to drive to and from work if your blood alcohol reading was nor more than twice the legal limit. There is a 15 day waiting period before you are allowed apply for a limited license.

If you have been charged with a first time DWI offense, you will need an experienced criminal defense attorney to evaluate your case for possible defenses. Contact Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website at http://www.criminallawyerminnesota.com.

The Best Defense Against Meth Found in the Trunk of Your Car

If police found a small amount of meth in the trunk of your car, you are facing a felony fifth degree controlled substance charge. If the search of the trunk was illegal, the prosecution cannot use the evidence obtained during the search against you at trial. As a consequence, the criminal charge will be dismissed for lack of probable cause. In order to justify the search of your trunk, police will need to obtain either your consent to search or have probable cause to believe a controlled substance may be located in your car. If probable cause is established to search the car, police are authorized to search every location where drugs are capable of being stored, including the ashtray, door panels, under the hood, or in the trunk.

If police found meth in your trunk, you may have been the victim of an illegal search and seizure. Call attorney Robert J. Shane at (612) 339-1024 for the best defense or visit his website for more information at http://www.criminallawyerminnesota.com.

Can I Avoid a DWI Conviction with .08 BAC Test Result?

An experienced criminal defense attorney should be able to plea bargain a .08 blood alcohol reading on a DWI charge down to a careless driving offense. Prosecutors are willing to offer to amend the DWI charge in low test cases down to careless driving because they know the defense will question the accuracy of the test result at the time of trial and thereby create reasonable doubt in the minds of the jury. A jury is duty bound to acquitt a defendant if they believe the test result is in fact below the .08 legal limit, such as a .07 or .06 blood alcohol concentration. Prosecutors realize there is risk involved with any trial and would rather walk away with a careless driving conviction than no conviction at all.

If you have a low test result DWI case, you may be able to plea bargain your case down to careless driving. Contact attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at http://www.criminallawyerminnesota.com.

How Can an Attorney Help in a Possession of Alcohol Case?

Possession of alcohol by a person under the age of 21 is a misdemeanor offense. It may be possible for an attorney to negotiate a continuance for dismissal of the charge on the condition that there be no same or similar offenses in the next year and on payent of the costs of prosecution. If the person complies with the conditions of the plea agreement, the charge would be dismissed at the end of one year without a conviction.

If you are under 21 and have been charged with possession of alcohol, you may be able to avoid the stigma of a criminal conviction. Contact attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website at http://www.criminallawyerminnesota.com.

What to Do When Your Criminal Lawyer is too Busy for Your Case

If your criminal lawyer is too busy to devote sufficient time to your case, you should consider hiring a new attorney. Before you dismiss your current lawyer, make sure you have hired a new attorney. Interview as many qualified and experienced canidates as possible. Why should you have to pay them a consultation fee when you may not hire them to defend you? During the interview process, try to determine the lawyers win/loss reccord and current case load. Often times it's a matter of personality. Who is going to be able to persuade and influence a prosecutor, judge or jury towards a favoreable outcome in you case.

If your lawyer is too busy to defend your case, contact Robert J. Shane, Esq. for a free phone consultation at (612) 339-1024 or visit his website at http://www.criminallawyerminnesota.com. Mr. Shane has a winning record and 28 years of criminal defense experience.

Expungement of a Felony Drug Conviction

You will need to meet with an experienced expungement attorney to discuss your felony drug case. If you were granted a stay of adjudication at the time of sentencing,you will be able to seal all records regarding your arrest, booking, and criminal case. The expungment order will be sent to the arresting agency, the BCA, the sheriff's department, and clerk of court.

If you were not granted a stay of adjudication, the court only has the power in an expungement proceeding to seal the courthouse file. This remedy will not be worth the filing fee since a record of your conviction will still be maintained at the Minnesota Bureau of Criminal Apprehension. These records are open to the public and can be found on the Internet by an interested employer or landlord.

If you are interested in filing for an expungement of your felony drug conviction, contact attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website at http://www.criminallawyerminnesota.com.

Why a Pro Fighter Should Not Defend Himself in a Criminal Trial

Yes, it is possible for a boxer to defend himself against assault charges in a criminal trial. My advise is to either retain private counsel or apply for the services of a public defender. A bar fight between a professional boxer and a bar patron probably ended with serious bodily harm inflicted upon the bar patron. If this was the case, a felony assault charge is likely. The problem with being your own attorney is that you do not understand the Rules of Evidence or Criminal Procedure, and you have no experience in trial practice. A skilled and experienced prosecutor will bludgeon the defense case. Why risk a potential prison sentence for an assault conviction when experienced counsel could make the difference?

If you or someone you know is considering representing themselves in a criminal trial, contact criminal defense attorney Robert J.Shane for a free consultation at (612) 339-1024 or visit his website at http://www.criminallawyerminnesota.com.

Penalties for Receiving Marijuana through the Mail

The possession of a small amount marijuana received through the mail is a petty misdemeanor offense in Minnesota. A person is subject only to a fine payment of up to $300.00 and no jail time. A small amount of marijuana is defined by law as 42.5 grams or less. If you are cought driving with 1.4 grams of marijuana or more, it becomes a misdemeanor offense. Any amount of marijuana over 42.5 grams is a felony offense. The receipt of fake pot through the mail is a misdemeanor offense. A person convicted of possessing fake pot in Minnesota may be looking at 0 to 90 days jail and/or $0 to a $1,000.00 fine.

If you are charged with a crime for receiving marijuana or fake pot through the mail,call Robert J. Shane for a free consultation at (612) 339-1024 or visit his website at http://www.criminallawyerminnesota.com.

Should I Hire a Lawyer in a Shoplifting Case?

I would always advise against representing yourself in any criminal case. If you are convicted of a shoplifting offense, you will have a misdemeanor conviction on your record open to public view. The conviction will adversely affect your ability to obtain housing and employment. Please hire an experienced criminal defense attorney to protect your future. Call attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website at http://www.criminallawyerminnesota.com.

Could the Failure to Read the Miranda Warning Help My Case?

Police are required to read you your Miranda rights prior to interrogation when you are in police custody. The failure to read you your Miranda rights could help your case. An experienced criminal defense attorney will file a motion to prevent the use of your confession against you at trial. If the defense motion is granted, the prosecution's case against you could be significantly weakened.

If the police failed to read you your Miranda rights prior to a custodial interrogation, you will need an experienced criminal defense attorney. Contact Robert J. Shane, Esq. for a free phone consultation at (612) 339-1024 or visit his website at http://www.criminallawyerminnesota.com.

How Can I Stay Out of Jail on an Assault Charge?

An assault charge is taken more seriously then most crimes by both prosecutors and judges since it is a crime against a person. The goal of the defense in any criminal case is to avoid a conviction and stay out of jail. The best defense, first of all, is to hire an experienced criminal defense attorney. If you represent yourself in court, you will be more likely to be convicted of an assault crime and to do jail time. A criminal defense attorney will investigate the case to determine if self defense is an option for you and will determine whether or not the alleged victim will make a credible witness before a jury. Secondly, I would advise you to immediately enroll in anger management classes. A proactive approach to your defense will go a long way to keep you from serving jail time.

If you have been charge with an assault crime and interested in staying out of jail, contact Robert J. Shane, Esq. for a free case assessment at (612) 339-1024 or visit his website at http://www.criminallawyerminnesota.com. Please check out his video at the following link: http://youtu.be/ml1WHKWTCi0.

Failure to Read the Miranda Warning Prior to Arrest

Police are not required to read the Miranda warning to you at the time of arrest. The failure of police to read the warning does not make the arrest illegal. An arrest is valid as long as police have probable cause to believe you committed a crime. Police are required to read the Miranda warning prior to questioning when a person is in custody. The Miranda warning is required, for example, when you are arrested and brought to police headquarters for questioning. A person is not in custody when they are temporarily detained at a crime scene and questioned by the police as a part of a preliminary investigation. If you were in custody and the police failed to read you the Miranda warning prior to questioning, the confession may be held inadmissible in court.

If your Miranda rights were violated, you will need an experienced criminal defense attorney to file a motion to suppress the use of your confession at trial. Contact Robert J. Shane, Esq. for a free phone consultation at (612) 339-1024 or visit his website at http://www.criminallawyerminnesota.com.

CAN POLICE SEARCH MY CAR FOR MARIJUANA WITHOUT CONSENT?

The search of your car without consent by the police is illegal. In order for the car search to be legal, the police would need to have either consent to search the car or probable cause to believe the car contained evidence of a crime. If either one of these grounds for a legal car search are missing, the evidence cannot be used against you. I would advise you to challenge the car search by hiring an experienced criminal defense attorney to file a motion to suppress the evidence since it was obtained by police in violation of the Fourth Amendment. If the court grants the suppression motion, the marijuana possession charge against you will be dismissed.

If you have been the victim of an illegal car search, contact Robert J. Shane, Esq. for a free phone consultation at (612) 339-1024 or visit his website for more informaiton at http://www.criminallawyerminnesota.com.

Do Police Need to Provide Me with a Reason for Stopping My Car in a DWI Case?

The police are not required to provide you with a reason for stopping your car. The police only need to have a reasonable suspicion of criminal activity in order to justify the stop. This is not a very high standard. Police stops have been upheld as legal for reasons such as weaving between the lanes, speeding, making a wide turn, failure to make a complete stop, etc. If you obtain a copy of the police report, you will be able to find out the officer's reason for stopping your car.

An experienced criminal defense attorney will be able to determine if the stop of your car was illegal. If this is the case, your lawyer can file a motion to suppress the use of any evidence seized by the police as a result of the illegal stop. If the suppression motion is successful, the DWI charge against you will be dismissed.

If your car has been illegally stopped for a DWI by the police, contact Robert J. Shane, Esq. for a free phone consultaton at (612) 339-1024 or visit his website at http://www.criminallawyerminnesota.com.

Synthetic Pot Law in Minnesota

Effective July 1, 2011, it is illegal to possess or sell synthetic pot in Minnesota. Synthetic pot is often sold under the street names of herbal incense, K2 or Spice. Certain chemicals in these drugs have a similar effect on the brain receptors as THC, the ingredient found in marijuana. The new syntheic pot law identifies many of the prohibited chemicals used in the manufacture of "fake pot" including JHW-007, JHW-018 and JHW-073. The synthetic marijuana law also prohibts the possession or sale of any analog of the prohibited chemicals. An analog is any chemical that has a subtantially similar or greater effect on the central nervous sytem as the chemicals referenced in the new synthetic pot statute. On  August 1, 2012, the legislature  made the sale of  synthetic pot a felony level offense. A person who unlawfully possesses any amount of synthetic marijuana is guilty of a misdemeanor offense.

If you are charged with a synthetic pot criminal offense, you will need an experienced criminal defense attorney to defend your freedom and reputation. You may be able to negotiate a drug diversion program or challenge the legality of the police seizure of the synthetic marijuana in your case. Contact Robert J. Shane, Esq. for a free phone consultation at (612) 339-1024 or visit his website at www.criminallawyerminnesota.com.

The Best Defense Against a Minor in Possession of Alcohol Charge

Possession of alcohol by a person under the age of 21 is a misdemeanor offense in Minnesota. The penalty is 0 to 90 days jail and/or $0 to a $1,000,00 fine. The prosecution will need to prove that you possessed the alcohol with an intent to consume it. Possession exists where a bottle of alcohol is found on your person or in an area that you consciously exercise control over. Intent to consume the alcohol can be proved with the benefit of a legal presumption that asumes that it was your intent to consume the alcohol since it was found outside of your home.

My advise is to plead not guilty and hire an experienced criminal defense attorney to defend the case. The state will have a difficult time proving both possession and intent to consume the alcohol, especially where you are a passenger in a car with several occupants.

If your are interested in protecting your record against a minor in possession of alcohol charge, call Minneapolis criminal defense attorney Robert J. Shane at (612) 339-1024 or visit his website at www.criminallawyerminnesota.com.

Can I Still Be Charged with Theft When I Settled with My Employer by Resigning?

Yes, you can still be charged with theft even though you fulfilled your agreement with the employer by resigning. Since the prosecution was not a party to the agreement, they cannot be bound by the agreement and are free to charge out the criminal offense. But as long as the employer upholds the agreement and does not report the theft to the police, you should be just fine.

If the matter is reported to the police, you will need an experienced Minnesota criminal defense attorney to protect your future from the stigma of a theft conviction. Contact Robert J. Shane, Attorney at Law, for a free phone consultation at (612) 339-1024 or visit his website at www.criminallawyerminnesota.com.

Can I Travel within the State of Minnesota with a Pending Misdemeanor Charge?

Yes, you are free to travel anywhere in the State of Minnesota with a pending misdemeanor charge. You are also free to leave the State of Minnesota and travel to any state in the country. The only restriction would be where a judge imposed the specific condition on your release from jail that you remain in the State of Minnesota.

If you are interested in hiring an experienced Minneapolis criminal defense lawyer and defending your freedom, call Robert J. Shane at (612) 339-1024 or visit his website at www.criminallawyerminnesota.com.

What Can I Expect at My First Shop Lifting Offense?

You may be able to negotiate the dismissal of the charge upon successful completion of certain conditions. A theft conviction would likely affect your ability to obtain employment and housing. The chances for a jail sentence on a first time conviction are slim. The amount of the fine will depend on your economic circumstances but cannot exceed $1,000.00.

If you are interested in hiring an experienced criminal defense attorney to protect your future, call Robert J. Shane at (612) 339-1024 or visit his website at www.criminallawyerminnesota.com.

Can I Be Charged with a DWI for Being Parked with the Engine On?

Yes, you can be charged with a DWI for being "in physical control" of the car. This means that you are seated behind the steering wheel and have the ability to put the car in motion. The physical control DWI law is designed to prevent a drunk driver, who has stopped his car and pulled over to the side of the road, from continuing to drive drunk. This will be a 4th degree misdemeanor DWI charge for a first time offense with 0 to 90 days jail and a fine of up to $1,000.00. Probation could be for up to 2 years and your license can be revoked for up to 90 days.

You will need an experienced DWI defense attorney to defend your freedom and protect your reputation. Call Robert J. Shane for the best defense at (612) 339-1024 or visit his website at www.criminallawyerminnesota.com.

How Do I Know If My DWI Arrest was Legal?

A police officer only needs suspicion of criminal activity to justify a traffic stop. This standard is less than probable cause and an observation of an actual traffic violation is not necessary. If you were swerving in the lanes, an officer may be able to justify the stop. It all depends on the circumstances of each case. If the stop was illegal, the evidence obtained as a result of the stop can not be used against you.

You should have your case reviewed by an experienced Minnesota DWI lawyer to find the loopholes. Contact Robert J. Shane at (612) 339-1024 or visit his website at www.criminallawyerminnesota.com.

Can a Sober Driver be Arrested for Open Bottle when the Passengers are Drinking?

Yes, a sober driver can be be charged with an open bottle misdemeanor offense for allowing passengers to drink alcohol in the car. The officer is required by law to release you on citation instead of arresting you unless you have a history of outstanding bench warrants for failure to make your court appearances.

If you are charged with open bottle offense, contact Robert J. Shane, an experienced Minneapolis Criminal Defense Attorney at (612) 339-1024 or visit his website at www.criminallawyerminnesota.com.

Is it Still A Felony to Flee a Police Officer When There Is No Pursuit?

Yes, it is a felony offense to flee a police officer in a motor vehicle when a person refuses to stop after being given a signal by the police officer to stop. An actual police chase is not required under the law to support a criminal prosecution. You will need to hire an experienced criminal defense attorney to defend your liberty and reputation. Call Robert J. Shane, Esq. for a free phone consultation at (612) 339-1024 or visit his website at www.criminallawyerminnesota.com.

Can My Daughter be Charged with a Felony Assault for Defending Another Person from Attack?

Your daughter has a right under Minnesota law to use a reasonable amount of force to come to the defense of another person who is being assaulted. The legal issue in the case will be whether or not your daughter's use of a club agaisnt the attacker was a reasonable use of force. The prosecution has already filed a criminal complaint and charged your daughter with a felony offense. This means that a judge has already made an initial finding of probable cause based on his review of the criminal complaint.


A defendant in a criminal case has a right to file a motion to dismiss the felony charge against your daughter for lack of probable cause to believe that she in fact committed the charged offense. If the motion is denied, your daughter has a right to assert defense of another at a jury trial. The state will need to convince all 12 jurors beyond a reasonable doubt of all of the elements of the criminal offense before you daughter can be convicted of the felony.



My advice is to immediately retain an an experienced criminal defense attorney to defend her freedom and reputation. Call criminal defense attorney Robert J. Shane for a free phone consultaton at (612) 339-1024.

Can I Get an Out of State License After a Minnesota DWI Conviction?

Yes it is possible to obtain an out of state driver's license after a Minnesota DWI conviction. The problem is that you will need to first reinstate your driving privileges here in Minnesota. The reinstatement process includes waiting for the expiration of the license revocation period, taking a written DWI knowledge test, and paying a reinstatement fee. After your license has been reinstated here in Minnesota, you will be eligible for a "clearance letter" from the Commissioner of Public Safety. The letter must be submitted with your application for an out of state license. After these steps, you should be good to drive.

Can You Be Charged With A DWI After The Fact?

Yes, you can still be charged with a DWI after the fact. Even though you passed the preliminary breath test and you did not receive a ticket on the scene, the officer can still charge you with a straight DWI offense for up to three years after the date of offense. A straight DWI charge does not require the state to prove a subsequent failure of a blood, breath or urine test. The state will still need to prove beyond a reasonable doubt that at the time of driving you did not possess the "clearness of intellect" to allow you to safely operate your vehicle. A no test case will be more difficult for the state to prove and will allow for more room to plea bargain. I would advise you to retain a competent DWI defense lawyer to insure the best outcome for your case.

What Do I Do in Court If I Was Charged with Theft and Receive Unemployment?

You may be able to enter a diversion program in order to keep the theft offense off your record and allow you to keep receiving unemployment benefits. These programs are available in many counties for first time offenders where the dollar amount of the theft is not excessive. Misdemeanor and felony level offenders are often eligible for diversion. A person who qualifies for the program is required to attend theft offender classes, complete community service, and remain law abiding. Upon completion of the diversion program, the charge against you is dismissed without a conviction.

Can I Get My Misdemeanor Domestic Violence Conviction Expunged?

Yes, it is possible to expunge a misdemeanor domestic violence conviction from your record. The Court will need to make a finding that the benefit of granting you expungement relief outweighs the detriment to society in not knowing about your conviction. The relief granted by the Court in a successful expungement proceeding where there is a conviction is limited to sealing the courthouse file. The judge has no authority to order the sealing of local police department or BCA records.

What Happens if I Missed My Court Date and Reside in Another State?

The judge may have issued a "body only" warrant due to the missed court appearance. With this type of warrant, you can not post bail or reset the court date. You would need to turn yourself in at the local jail and see the judge the next morning to set bail.


My advice would be to hire an experienced criminal defense attorney with the goal in mind to negotiate a resolution of the case without requiring your personal appearance in court back here in Minnesota. This would hopefully include an agreement that the bench warrant would be recalled. Please call me for a free phone consultation at (612) 339-1024.

Can the Owner of a Household be Penalized if a Resident has Drugs?

The homeowner could only be charged if the prosecution can prove that he or she "constructively" possessed the drugs. Constructive possession is a theory used by the prosecution when a suspect is not found to be in actual physical possession of the drugs. The state must prove that the homeowner knowingly possessed the drugs with the resident and that the homeowner knew that the drugs were in fact a prohibited controlled substance. The state would need to establish facts showing that the drugs were found in a location were others had access and that the homeowner knowingly exercised physical control over the drugs.

How Could a DWI Lawyer Help if There is Overwelming Evidence?

The problem is that only a DWI attorney can determine whether or not your case is worth fighting. An experienced criminal lawyer may uncover defenses that are unknown to a lay person, even when the evidence against you appears overwhelming. There are many cases where an experienced DWI lawyer can make the difference between a permanent conviction on your record and the complete dismissal of the charge. Why open yourself up to pleading guilty in front of a hanging judge when you could have been advised by your lawyer to judge shop?

How Long Does the State have to Press Charges for a Criminal Offense?

For most crimes in Minnesota, there is a 3 year statute of limitations.

What is the Criminal Law on Questioning a Minor?

Parents should normally be contacted before the police interview a minor. The police can still legally interview a minor without the parents being present but this may provide a basis for challenging the validity of the confession. A minor has the same right as an adult to assert his or her right to remain silent under the 5th Amendment. This is often the "Best Defense."

If you need an experienced juvenile defense attorney, contact Robert J. Shane for a free phone consultation at (612) 339-1024.

Should I Turn Myself in after Committing a Crime?

By turning yourself in to the police, you will be subject to questioning and will be informing on yourself. The matter may never come to the attention of the police if the victim doesn't alert them to a potential criminal case. The police are the investigative arm of the prosecution. When a report is made to the police, they will conduct an investigation and may decide to refer the matter to the prosecuting attorney for further review and possible charges. Your Best Defense in this case is to not turn yourself in to the police.

If you need an experienced attorney to represent you at the pre-charge stage of a criminal case, contact attorney Robert J. Shane for a free phone consultation at (612) 339-1024.

Can I Prevent My Husband from Going to Jail in a Domestic Abuse Case?

There are no guarantees that your husband can stay out of jail but there are things he can to lessen the chances. The first thing to do is hire an experienced criminal defense attorney. Many times the defense lawyer will have had prior cases with the same prosecutor or may know the judge and his sentencing policy. This knowledge and experience can prove invaluable when defending a criminal case. If your husband represents himself, he will be an easy target for the prosecution because he poses no threat standing alone.

The second thing to do is to immediately enroll your husband in an anger management program so that he can get some counseling sessions under his belt before the first court date.

Third, tell your husband to have a chemical dependency evaluation done and tell him to begin to follow its recommendations. An experienced criminal defense attorney will be able to refer you to a defense oriented evaluator who will recommend the least restrictive alcohol treatment for your husband.

Finally, if you do not want to see your husband prosecuted, you should make this position known to the prosecutor. No one wants to push the case to trial with an uncooperative witness. Following these steps will give him "The Best Defense."

If you need an experienced criminal defense attorney to defend you against charges of domestic abuse, contact Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at www.criminallawyerminnesota.com.

What Should I Say to Police if a Girl Claims Sexual Assault?

Please do not provide any statements to police officers or investigators regarding the facts of your case. You should not even discuss the case with any other person who may have an axe to grind against you. Any statement you make is called an admission and the person who took the statement or heard you make the statement can testify in court as to what you said, even if you were misunderstood or their recollection is not accurate.

A criminal sexual misconduct case is a serious felony level offense. A conviction can be obtained based on the testimony of the victim alone as it does not need to be corroborated by any other evidence. Why give the prosecution a rope to hang you with?

Can the Police Forfeit my Car for Transporting Controlled Substances?

If your car is used to transport controlled substances, Minnesota law authorizes the forfeiture of the vehicle under certain circumstances. The controlled substance being transported must have a retail value of either $75.00 or $100.00, depending on the type of forfeiture proceeding, and the drugs must be associated with a felony level offense. The possession of any amount of cocaine, methampetamine or exstasy is a felony. Marijuana must weigh more than 42.5 grams to be a felony.

A forfeiture proceeding can be commenced as either an administrative or judicial forfeiture proceeding. In an administative proceeding, the police must serve you with a Notice of Intent to Forfeit Vehicle stating that you that you have 60 days to file a demand for a judicial forfeiture hearing. If you fail to file a demand for a hearing within 60 days, the forfeiture of your vehicle will become automatic. A judicial forfeiture proceeding requires the county attorney to file a civil forfeiture complaint within 60 days from the date of the vehicle seizure. If the county fails to do so, your car must be returned to you but the county can still file the forfeiture complaint at a later time.

If your vehicle has been seized by the police, you can regain possession during the forfeiture proceeding by surrendering the certificate of title or by posting a bond in the amount of the retail value of the car.

There are defenses in a vehicle forfeiture case. If you need an experienced vehicle forfeiture attorney, call Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website at www.criminallawyerminnesota.com for more information.

What Happens at a Criminal Jury Trial?

For most people, a criminal jury trial is a totally unknown and scary prospect. What is likely to happen and how can you prepare yourself?

The case will begin with jury selection. A jury panel will be brought into the court room and seated in the gallery. All of the prospective jurors on the panel will be sworn in. The clerk will call the names of 21 jurors in the case of a felony or 15 jurors in the case of a gross misdemeanor or misdemeanor. The prospective jurors will be seated in the jury box and the judge will begin asking questions of the entire panel and each individual looking for bias. After the judge has finished, questioning will be turned over to the defense lawyer and finally to the prosecutor. The lawyers will then exercise what are called peremptory challenges and systematically strike or remove unwanted jurors from the trial of the case. The criminal defense lawyer will want to remove all jurors with an agenda who may negatively influence the remaining jurors. In Minnesota, the defense has 5 challenges and the prosecution has 3. The jury will consist of the remaining jurors who have not been removed by the lawyers. In a long trial, there will usually be one alternate juror to replace any juror who gets sick or can not continue to attend the trial for some reason.

The jurors will be given some preliminary instructions by the judge and the case will then proceed to opening statements. The prosecutor address the jury first followed by the defense lawyer. Opening statements are for the purpose of providing the jury with a road map of what each party expects the evidence to show.

Next, the prosecution will present its case by calling witnesses and introducing evidence during the trial. The prosecution is required by law to prove all of the elements of the criminal charges beyond a reasonable doubt. Once the prosecution has finished presenting evidence and rests its case, the defense may call witness and introduce evidence but has no obligation to do so as a defendant in a criminal case is presumed to be innocent of the charges and does not have to prove his innocence.

After each party has presented its case, the jurors will hear closing arguments from the lawyers beginning with the prosecution. The criminal defense attorney will argue next and will usually expose the weakness in the prosecution case followed by the strengths of the defense case. In Minnesota, the prosecution will have an opportunity to make a rebuttal argument after the defense argument. The prosecution will have the last word in the case. A Minnesota criminal defense lawyer has no right to make a rebuttal argument.

The jury will be given its final instructions by the judge and retire to the jury room to deliberations. The defendant and his or her lawyer will be required to stay close by the courthouse in order to promptly return if the jury has any questions or has reached its verdict.

If you are charged with a crime and need an experienced Minnesota criminal defense lawyer, please contact Robert J. Shane for a Free Initial Consultation. Mr. Shane has 28 years of criminal defense experience and will defend your freedom. Call now at (612) 339-1025 or visit his website for more information at www.CriminalLawyerMinnesota.com.

WHEN CAN THE POLICE ARREST ME FOR A DWI?

Before the police can arrest you for a DWI, they will need to establish probable cause to believe you were driving, operating or in physical control of a car while under the influence of alcohol. By requiring a suspect to submit to standardized field sobriety testing before an arrest is made, police can usually avoid any legal challenge to probable cause for your arrest. In order to require standard field sobriety testing, police must first have a reasonable suspicion that you are under the influence of alcohol. Driving conduct is an important factor in establishing that a driver may be impaired. Driving too slowly, weaving in your lane, crossing the center line, or speeding are all important factors in creating DWI suspicion. Visual clues of the suspect help the police too like blood shot and watery eyes, flushed face, or slow reacting pupils. The odor of alcohol also creates suspicion and is recognized as a universal clue. An admission by you that you consumed alcohol before or while driving does not help your case.

Once police have reasonable suspicion to believe that you are an impaired driver, they will be allowed to request that you submit to standard field sobriety testing. The one leg stand, the walk and turn test, and the HGN test are all police favorites. There is a grading system in place for the officer to score whether or not you have passed or failed each test. Police typically end by requesting that you submit to the PBT or preliminary breath test which is a portable breath testing device. If you have failed one or more of these field sobriety tests, police will typically have established enough probable cause to justify your arrest.

My advice? Refuse to submit to standardized field sobriety testing.
Wy make it easy for the police? You will need now more than ever an experienced Minneapolis DWI and criminal defense lawyer who will fight to keep you out of jail and back driving on the road. Contact Minneapolis criminal defense attorney Robert J. Shane now at (612) 339-1024 for a free phone consultaton or visit his website at www.CriminalLawyerMinnesota.com.