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.