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.