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Tuesday, June 28, 2011

Release on Citation in Misdemeanor Cases

"The Best Defense"

Can the police arrest you in Minnesota when you are suspected of committing a misdemeanor offense? If the police do not have a warrant but have decided to proceed with the prosecution, you must be released on a citation. There are a few exceptions to the rule: (1) If the police reasonably believe that an arrest is necessary to protect yourself or another from bodily harm or to prevent further criminal conduct, you may be arrested; (2) if there is a substantial likelihood that you will not appear in court, you will be arrested;(3) if there is probable cause to believe you committed a DWI offense, you will be arrested; or (4) if you are suspected of domestic abuse, you will be arrested. Knowledge of the law is "The Best Defense."

If you are interested in retaining a Minneapolis criminal defense attorney who will defend your freedom, contact Robert J. Shane, Attorney at Law. Mr. Shane has over 28 years of criminal defense experience and has a winning record. For more information call Robert J. Shane at (612) 339-1024 or go to his website for more information on the defense of felony charges including drug and narcotic crimes, criminal sexual conduct offenses, theft, burglary and traffic offenses. http://www.criminallawyerminnesota.com

Monday, June 27, 2011

Can the Police Break My Door Down to Arrest Me without a Warrant?

                                                               "The Best Defense"

Police are authorized under under Minnesota criminal law to break your door down and enter your home to arrest you without a warrant.  Before  police officers are permitted to enter your home to arrest you without a warrant, they must first have probable cause to believe you committed a felony offense. Secondly, police must provide you with proper notice of the their office and purpose. Police officers  must identify themselves and  inform you that they they are at your home to arrest you. If these requirements are satisfied, Minnesota criminal law allows the police to break open an outer or inner door or window of your home and enter the premises to arrest you.

If  police did not have probable cause to believe you committed a felony offense or did not provide you with proper notice before entry into your home, you may be able to suppress the use  of any evidence obtained against you as the result of the illegal entry. A confession obtained from you after the illegal entry could not be used against you at trial. Any evidence seized from your home in plain view at the time of an illegal entry could not be used against you. .

If you are interested in retaining a Minneapolis criminal defense attorney who will defend your freedom, contact Robert J. Shane, Attorney at Law. Mr. Shane has over 28 years of criminal defense experience and has achieved a winning record. For more information call criminal defense attorney Robert J. Shane at (612) 339-1024 or go to his website for more information on defenses to felony charges including drug and narcotic offenses, criminal sexual conduct offenses, thefts, burglary and federal crimes  at www.criminallawyerminnesota.com.