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

Monday, April 23, 2012

Hudson Wisconsin Burglary Defense Attorney

I am a private attorney with 28 years of experience in defending  burglary charges. If you have been charged with burglary in Hudson, Wisconsin, you will need an experienced burglary defense attorney to protect your freedom and reputation. The majority of my criminal cases have resulted in a either a dismissal or an 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  the defense of burglary charges at www.criminallawyerminnesota.com.

Sunday, April 22, 2012

Hudson Wisconsin Drug Defense Attorney

I am a private attorney with 28 years of experience in defending drug cases.  If you have been charged with a drug crime in Hudson, Wisconsin, you will need an experienced drug defense attorney to protect your freedom and reputation. The majority of my criminal cases have resulted in a either a dismissal or an acquittal. I have listed below an example of victories I have achieved for  for people charge with controlled substance crimes:


• 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 at www.criminallawyerminnesota.com  on how to defend a  Hudson, Wisconsin drug charge.

Friday, April 20, 2012

Wisconsin Drugged-Driving Defense Attorney

If you operate  a motor vehicle on a  Wisconsin highway with any "detectable amount of a restricted controlled substance" in your blood,  you can be charged with  drugged-driving. Under Wisconsin law, a restricted controlled substance  includes drugs such as cocaine, methamphetamine, heroin and marijuana. You do not have to be driving under the influence of  a restricted controlled substance  in order to be charged with drugged-driving. Any amount of THC or other restricted controlled substance found in the  bloodstream of even a sober driver will subject the person to potential criminal charges and the loss of driving privileges. 

ADMINISTRATIVE SANCTIONS

If a person submits to chemical testing and the results show the presence of a restricted controlled substance, your driving privilege will be administratively suspended for a period of 6 months. A conviction for a first time offense drugged-driving offense will result in a 6 to 9 month revocation of your driver's license. A second offense within 10 years results in a 12 to 18 month revocation period.

SANCTIONS FOLLOWING A CONVICTION

A conviction for a first time drugged-driving offense results in no jail and a fine of up to $300.00. A second conviction within 10 years results in a mandatory 5 days in jail and up to a maximum imprisonment of 6 months. A third conviction within 10 years requires a mandatory minimum of 30 days jail with a maximum sentence of  1 year in jail. 

DEFENSES

After marijuana is ingested into your bloodstream, it breaks down rapidly.  The lab report will need to be examined by a Wisconsin criminal defense attorney for the types of molecules found present in the blood sample. If the lab report shows only Carboxy THC, you will have a defense to the charge as this molecule it is not considered an "active ingredient" of marijuana.

You may be able to attack the weight given to the evidence by the jury  at trial by presenting a chain-of-custody defense. In this defense,  the prosecution will need to establish the places where the restricted controlled substance was stored and the people who handled the drug from the time of its collection to the time it is introduced into evidence at trial. Blood samples are  not tested in Wisconsin until a case is scheduled for trial. The samples are stored in laboratories where many persons who are employed at the labs could have had access to the sample. Without a proper chain-of-custody, the evidence may not be admissible at trial. If the judge rules the sample admissible, a skilled Wisconsin criminal defense attorney can still attack the weight given to the evidence by making a chain-of-custody argument to the jury.

Attorney Robert J. Shane has been practicing criminal defense for over 28 years and has worked hard to establish a winning record. Mr. Shane is licensed to practice criminal defense in the State of Wisconsin. Call him now for a free phone consultation at (612) 339-1024 to protect your freedom and driving privileges or visit his website for more information on Wisconsin drugged-driving defense at www.criminallawyerminnesota.com.

Tuesday, April 17, 2012

What Will Happen on My First Felony Court Appearance in Minnesota?

On your first felony court appearance in Minnesota, you will be advised by the judge of the nature of the charge. If you have not previously received a copy of the criminal complaint, you will be given a copy at the first appearance. The judge will tell you  that you are not required to say anything or submit to interrogation.  Anything you say in open court that is incriminating could be  used against you at trial.  If you appear without an attorney and can not afford one, the court will advise you that a public defender will be appointed to represent you at no cost. If you appear without an attorney and can afford to hire one, you should ask the court for a brief continuance in order to retain private counsel. You will not be required to enter a plea of either guilty or not guilty at your first felony court appearance. The prosecution will serve you in open court with a notice of evidence against you and of identification procedures. The court will then set the conditions for your release and schedule the next court appearance.

If you are facing your first felony court appearance, you will not want to do it alone. You will need an experienced Minneapolis criminal defense attorney to protect your rights. Attorney Robert J Shane has 28 years of successful courtroom experience to use in your defense.Call now for a free phone consultation at (612) 339-1024 or visit his website for more information at www.criminallawyerminnesota.com.

Monday, April 16, 2012

Minnesota Expungement Attorney

As of April 9, 2012, it just became easier for a person convicted of a crime in Minnesota to seal their criminal past from public view. The Minnesota Court of Appeals has issued a decision granting the district court authority, under the right circumstances, to order the sealing of not only criminal records maintained at the courthouse, but criminal records maintained by the executive branch of government. Executive branch agencies who maintain criminal records include the police department, sheriff department, the city attorney, county attorney, the Minnesota Attorney General, the probation department, the Minnesota Bureau of Criminal Apprehension, the FBI, the Minnesota Department of Human Services, and the Minnesota Department of Health. These agencies can now be subject to an expungment order and be required to seal all records concerning your arrest, complaint, trial, and discharge.

Criminal records are available online and are used when making decisions about employment, housing, and lending. All you have to do is go to the BCA website with a name and date of birth and you can pull up the criminal history of anyone convicted of a crime in Minnesota.

If you or someone you know is interested in filing a petition for an expungement of their felony or misdemeanor conviction, call expungement attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at

Do I Need an Attorney If I Plan to Plead Guity?

There is an old saying in the law, "He who represents himself has a fool for a client." Just imagine what a prosecutor must be thinking when he encounters a pro se litigant, "This defendant poses no threat to me at trial. I'm going to offer him an unfavorable plea bargain and ask the court to impose jail time." There are many more good reasons to hire an experienced Minnesota criminal defense attorney than bad ones. An experienced criminal defense lawyer will know the judge's background and sentencing policies, the available defenses in your case, and comes with a proven history of winning cases at trial. You do not want to make the mistake of representing yourself and pleading guilty before a hanging judge or waiving important challenges to the use of evidence against you.

If you, or someone you know, has been charged with a criminal offense in Minnesota, you will need an experienced Minneapolis criminal defense attorney to defend your freedom and reputation. Attorney Robert J. Shane has over 28 years of successful courtroom experience to use in the defense of your criminal case. Call now for a free phone consultation at (612) 339-1024 or visit his website at www.criminallawyerminnesota.com.

Saturday, April 14, 2012

A Favorable Change in Minnesota Expungement Law

As of April 9, 2012, it just became easier for a person convicted of a crime in Minnesota to seal their criminal past from public view. The Minnesota Court of Appeals has issued a decision granting the district court authority, under the right circumstances, to order the sealing of not only criminal records maintained at the courthouse, but criminal records maintained by the executive branch of government. Executive branch agencies who maintain criminal records include the police department, sheriff department, the city attorney, county attorney, the Minnesota Attorney General, the probation department, the Minnesota Bureau of Criminal Apprehension, the FBI, the Minnesota Department of Human Services, and the Minnesota Department of Health. These agencies can now be subject to an expungment order and be required to seal all records concerning your arrest, complaint, trial, and discharge.

Criminal records are available online and are used when making decisions about employment, housing, and lending. All you have to do is go to the BCA website with a name and date of birth and you can pull up the criminal history of anyone convicted of a crime in Minnesota.

If you or someone you know is interested in filing a petition for an expungement of their felony or misdemeanor conviction, call expungement attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at www.criminallawyerminnesota.com.

Monday, April 2, 2012

Probable Cause for the Search of a Marijuana Grow Operation in Minnesota

How do the police establish probable cause to search a marijuana grow operation in Minnesota?

The investigation of a marijuana grow operation usually begins with information obtained from an informant. An informant is someone who may have a history of providing reliable information to the police in the past and is a part of the criminal underworld. The informant may be facing potential criminal drug charges and has agreed to cooperate with the police in order to either lessen a sentence or avoid criminal charges. The informant will typically have been inside the residence and witnessed the grow operation. The informant will cooperate by providing the police with detailed information regarding the name of the suspected grower, the address of the grow operation, the number of marijuana plants observed, and their location within the home.

In order to establish probable cause for the issuance of a search warrant, police will need to verify the truthfulness of the observations made by the informant. The police know that marijuana plants need light to grow and that flourescent lights are used as a light source. Police also know that grow lights need to be run on a continuous basis and that the kilowatt hours will be higher for a grow operation. Police will obtain electrical usage records for the grow operation and surrounding properties through the use of an administrative subpoena. Comparisons of the electrical usage records for the grow operation will be made against the electrical usage records for neighboring properties. If the electical usage records for the grow operation are unusually high in comparison to neighboring properties, the truthfullness of the informant's observations will have been verified and support probable cause for the issuance of a search warrant.

Police may also attempt to bolster probable cause for the issuance of a search warrant by conducting a garbage search. Investigators will contact the local sanitation company and request that the garbage for the suspected property be held for the police to search for evidence of marijuana. When garbage bags are left at curbside for pick-up, the garbage is considered abandoned property and police are free to search it without violating the Fourth Amendment. If marijuana is found in the garbage bags, the discovery will further upport the issuance of a search warrant.

Police may also look to see if the windows of the grow operation residence are covered. If so, police will include this observation in their search warrant application and inform the judge that the windows of grow operations are typically covered in order to conceal the operation from public view.

If you or someone you know has been charged in Minnesota with maintianing a marijuana grow operation, you will need an experienced narcotics defense attorney to protect your freedom and your record. Call Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information on the Best Defense to a controlled substance charge at www.criminallawyerminnesota.com.