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.