Call for a Free Phone Consultation at (612) 339-1024

Tuesday, January 31, 2012

Minneapolis Assault Defense Attorney

I am a private attorney with 28 years of experience in defending Minnesota assault charges. If you have been charged with an assault crime, you will need an experienced assault defense attorney to protect your freedom. The majority of my criminal cases have resulted in a either a dismissal or an acquittal.


• Third Degree Felony Assault: (victim lost two front teeth) felony charge amended to a gross misdemeanor - 50 hours community service.


I achieve these results through hard work, people skills, and an ability to locate and exploit the legal loophole. The outcome in any criminal case cannot be guaranteed by a criminal lawyer but depends on the facts of your case and the lawyer you choose. If you are interested in a free initial phone consultation, please call me anytime, day or night at (612) 339-1024 or visit my website for more information on how to defend Minnesota assault charges at www.criminallawyerminnesota.com.

Monday, January 30, 2012

Minneapolis Sexual Assault Defense Attorney

I am a private attorney with 28 years of experience in defending Minnesota sexual assault charges. If you have been charged with a sexual assault crime, you will need an experienced sexual assault defense attorney to protect your freedom. The majority of my criminal cases have resulted in a either a dismissal or an acquittal.


• First Degree Criminal Sexual Conduct - dismissed
• Fourth Degree Criminal Sexual Conduct - acquittal


I achieve these results through hard work, people skills, and an ability to locate and exploit the legal loophole. The outcome in any criminal case cannot be guaranteed by a criminal lawyer but depends on the facts of your case and the lawyer you choose. If you are interested in a free initial phone consultation, please call me anytime, day or night at (612) 339-1024 or visit my website for more information on how to defend Minnesota sexual assault charges at www.criminallawyerminnesota.com.

Minnesota Theft Defense Attorney

I am a private attorney with 28 years of experience in defending Minnesota theft charges. If you have been charged with a theft crime, you will need an experienced theft defense attorney to protect your freedom. The majority of my criminal cases have resulted in a either a dismissal or an acquittal.


• Misdemeanor Theft - continued for dismissal
• Felony Theft over $2,500.00 - continued for dismissal

I achieve these results through hard work, people skills, and an ability to locate and exploit the legal loophole. The outcome in any criminal case cannot be guaranteed by a criminal lawyer but depends on the facts of your case and the lawyer you choose. If you are interested in a free initial phone consultation, please call me anytime, day or night at (612) 339-1024 or visit my website for more information on how to defend a Minnesota theft charge at www.criminallawyerminnesota.com.

Minneapolis Drug Defense Attorney

I am a private attorney with 28 years of experience in defending drug cases in the Twin Cities. If you have been charged with a drug crime, you will need an experienced drug defense attorney to protect your freedom. The majority of my criminal cases have resulted in a either a dismissal or an acquittal.


• First Degree Controlled Substance Crime - Dismissed
• Fifth Degree Controlled Substance Crime (4 lbs. marijuana) - Stay of Adjudication
• Fifth Degree Controlled Substance Crime (cocaine) - Diversion


I achieve these results through hard work, people skills, and an ability to locate and exploit the legal loophole. The outcome in any criminal case cannot be guaranteed by a criminal lawyer but depends on the facts of your case and the lawyer you choose. If you are interested in a free initial phone consultation, please call me at anytime, day or night at (612) 339-1024 or visit my website for more information on how to defend a Minnesota drug case at www.criminallawyerminnesota.com.

Sunday, January 29, 2012

How Soon After a Minnesota Arrest Do I Appear Before a Judge?

If you are arrested in Minnesota without a warrant, you must be brought before a judge without unreasonable delay and not more than 36 hours after your arrest. The 36-hour rule does not include the day of your arrest, Sundays, or legal holidays. For example, if you are arrested on a Saturday, the 36-hour rule does not require a court appearance before a judge until Tuesday at noon. The rule excludes the day of your arrrest, Saturday, and the next day, Sunday. The 36-hour rule does not start to run until midnight on Sunday.

Before you appear in court, the rule requires that a criminal complaint be presented to the judge for a probable cause review. If you are not brought before a judge within the 36-hour rule, you must be released from custody. If the police fail to release you from custody within the time limits of the rule, you may be able to use the violation of the rule to your advantage in the criminal case.

Call Minneapolis criminal defense attorney Robert J. Shane for a free phone consultation to discuss your defenses now at (612) 339-1024 or visit his website for more information on criminal defense techniques at www.criminallawyerminnesota.com.

Wednesday, January 25, 2012

Man Discharged Early from DWI Probation

Is it possible to be discharged early from probation in a Minnesota criminal case? Yes. I recently represented a client who was discharged early by the judge after serving only 2 1/2 years of a 4 year probationary sentence imposed in a 2nd degree DWI case with a .23 BAC. The client was interested in obtaining an early discharge from probation in order to enroll in an out-of-state college. All of the conditions of his probation had been met, including remaining law abiding. We filed a motion for an early discharge from probation along with an affidavit from the client demonstrating his completion of treatment, honor roll status, the reinstatement of his driving privileges, and a letter from his probation officer recommending an early discharge. The judge granted the discharge motion based on the affidavit and reasoned that since he had committed no new  DWI offenses while on probation, he was rehabilitated and no longer in need of probationary supervision.

If you are interested in obtaining an early discharge from probation on a Minnesota criminal case, please give me a call for a free case evaluation at (612) 339-1024.

Saturday, January 21, 2012

Police Use GPS Tracking Device to Catch Burglar

The Minnesota Court of Appeals has upheld the use of a GPS tracking device to catch a burglary suspect. In State of Minnesota vs. Sin Santo Bad, the Sherburne County Sheriff's Department obtained permission from the suspect's employer to attach a GPS tracking device to a company pick-up truck. The suspect was hired to deliver scrap metal and garbage to a landfill. Police used the GPS tracking device to monitor the suspect driving the company pick-up into a residential neighborhood and parking in an area not visible from the road. When police arrived on the scene, the burglary suspect was found inside the home next to an opened safe with $4,300.00 in cash in his pocket.

The defense argued that the use of the hidden GPS tracking device on the company vehicle was an illegal search since law enforcement failed to obtain a warrant. The defense sought an order suppressing the use at trial of all evidence against the suspect resulting from the burglary. The Minnesota Court of Appeals disagreed. Since the company was the owner of the pick-up truck and had the keys, it had authority to consent to the placement of the hidden GPS tracking device. Valid Consent to a search by a third party is an exception to the search warrant requirement under the Minnesota and United States Constitution. The burglary conviction was upheld on appeal.

Minnesota courts have not yet decided the issue of whether or not the police can attach a hidden GPS tracking device to a car owned by a private citizen. The United States Supreme Court recently heard oral arguments in the case of U.S. vs. Antoine Jones, a nightclub owner who was convicted of conspiracy to distribute cocaine. A drug conspiracy case was built against Jones based on the use of a hidden GPS tracking device attached to his vehicle. Stay tuned to this blog for more developments.

Thursday, January 19, 2012

How to Avoid a Mandatory Minimum Jail Sentence in a DWI Case

If you are convicted of a subsequent DWI offense in Minnesota, you could be ordered to serve a mandatory minimum jail sentence. For example, a second DWI conviction within 10 years carries a mandatory minimum jail sentence of 30 days. A third DWI conviction within 10 years carries a 90 day jail sentence.

What can be done to avoid a mandatory minimum jail sentence in your Minnesota DWI case? There is a statutory exception to the mandatory minimun jail sentence law found in Minnnesota Statute Section 169A.275, subd. 7. A judge is not required to impose a mandatory jail sentence if the judge requires a defendant as a condition of probation to only drive a car equipped with an ignition interlock device.

An ignition interlock is about the size of a calculator and is attached near the stearing wheel. The device connects to the engine and is designed to measure a person's alcohol concentration. If a person blows into the device and alcohol is detected, the car will not start.

Before you are sentenced in a DWI case, apply for the ignition interlock device program and you may be able to avoid a mandatory minimum jail sentece.

If you or someone you know has been charge with a DWI offense, you will need an experienced Minnesota DWI defense lawyer to protect your freedom. Call attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information on DWI defenses at www.criminallawyerminnesota.com.