Can I Get a DWI While Parked in My Driveway?

Yes, this is what is called a physical control case. If you were under the influence of alcohol or tested above the legal limit, and in a position to start the engine and operate the vehicle, you can be charged and convicted of a DWI. It doesn't matter that you never intended to start the car and drive off down th street, it only matters under the law that you had the ability to do so. If you are in the driver's seat and the key is in the ignition,  you still have the ability endanger the public by driving under the influence of alcohol. The DWI laws are designed to favor protecting public safety at the expense of personal liberty.

What to Do When There is a Warrant for Your Arrest

When you first find out that a warrant has been issued for your arrest, you become scared and don't know what to do. The police have been coming over to your house or apartment, knocking on the door and asking questions. What steps should you take? The first step is to meet and retain an experienced Minnesota criminal defense attorney before you are arrested. You do not want to be arrested first and then have no lawyer present in court the next morning when you are marched in front of a judge in handcuffs wearing an orange jumpsuit. By meeting with the lawyer first, valuable information can be obtained from you to use in making a successful argument to the judge for a reduced bail or for your release without bail.

If you or someone you know has an outstanding arrest warrant, call criminal defense attorney Robert J. Shane at (612) 339-1024 for a free phone consultation or visit his website at www.criminallawyerminnesota.com for more information on criminal defense techniques and tactics.

Will I be Required to Submit to Drug Testing at My First Court Appearance?

If you have been charged with a controlled substance offense and are making your first court appearance, the judge may order as a condition of your release that there be no use or possession of drugs and that you submit to random drug testing. You would be required by probation to submit to random urinalysis to determine if there is a detectable amount of controlled substance in your system. If you have been consuming drugs prior to taking the initial urinalysis, do not be concerned. The order only prohibits the consumption of controlled substances subsequent to the date of the order. If your random urinalysis test is positive for marijuana, for example, a baseline number will be established for future reference. You will not be detained as a result of a positive test. If subsequent drug testing shows that the baseline number is increasing, instead of decreasing, the test result will indicate to a probation officer and to the court that you have been using drugs in violation of the conditional release order. The judge would then have the option of issuing a warrant for your arrest for violating a condition of your relase or of addressing the issue at your next court appearance.

If you are concerned about violating the no use condition, you have the option of requesting that the court set bail in an amount without any conditions attached. The bail amount will be set  higher than a conditional release bail, but would not require you to submit to random drug testing and also avoids the risk of violating a condition of your release.

If you or someone you know has been charged with a controlled substance crime, contact drug defense attorney Robert J. Shane for a free initial phone consultation at (612) 339-1024 or visit his website for more information and narcotics defenses at www.criminallawyerminnesota.com.

Can I possess a gun if I have been convicted of a drug offense in Minnesota?

If you have been convicted or adjudicated delinquent of a controlled substance crime in Minnesota, you are prohibited for life from possessing, receiving, shipping or transporting a firearm. A controlled substance crime has been defined by the legislature as being a "crime of violence" along with other crimes like murder, assault and criminal sexual conduct. The lifetime prohibition against firearm possession only applies to those persons who have been convicted or adjudicated delinquent of felony level controlled substance crimes. The lifetime ban does not apply to a person who has successfully completed a pre-trial drug diversion program and  had the  charge dismissed. The prohibition against firearm possession does apply while a person is participating in a drug diversion program. A person who violates the lifetime ban and possess a firearm can be charged with a new felony offense and sentenced  for up to 15 years in prison.

If you or someone you know has been charged with a felony controlled substance crime in Minnesota, you will need to retain an experienced criminal defense attorney. Robert J. Shane has 29 years of criminal defense experience and will work hard to protect your gun rights.Call now for a free phone consultation at (612) 339-1024 or visit his website for more information at www.criminallawyerminnesota.com.

When Can I be Charged with Motor Vehicle Tampering in Minnesota?

The charge of tampering with a motor vehicle is a misdemeanor offense in Minnesota. A person can be charged with the offense for  tampering with or entering  into a car without the owner's permission. We already know what it means to enter into a car, but what does  it mean  to "tamper" with a motor vehicle under Minnesota law? The act of tampering with a motor vehicle  requires some degree of change or alteration to the car,  or some type of substantial interference with the car. If you simply shine a flashlight into the interior of the car or pull on the door handle, you can not be legally  charged and convicted of  this offense.

I recently achieved a dismissal of  a tampering with a motor vehicle charge based on   lack of probable cause  to believe my client committed the offense.  The eye witness in the case alleged that he observed my client   pull on the door handle. There was no allegation by the eye witness that he observed my client actually enter into the car.  Without more, the act of pulling on the door handle alone did not constitute "tampering" and the charge had to be dismissed. 

If you or someone you know has been charged in Minnesota with the crime of tampering with a motor vehicle, you will need an experienced  criminal defense attorney to defend your record and your freedom.  Call attorney  Robert J. Shane now for a free phone consultation at (612) 339-1024 or visit his website for more information at www.criminallawyerminnesota.com.

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.

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.

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.

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.

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.

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.

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.

Should I Plead Guilty to Possession of a Small Amount of Marijuana?

The possession of a small amount of marijuana in Minnesota is only a petty misdemeanor offense. Although a petty misdemeanor is not technically considered a crime, a record of a conviction for the offense is subject to public viewing at any courthouse computer terminal in the State of Minnesota. A small amount of marijuana is defined as weighing 42.5 grams or less.

Should you plead guilty to the offense and subject your past to public scrutiny or hire an attorney to protect your reputation and your future? My advice is to hire an attorney. An experienced Minnesota criminal lawyer may be able to keep a conviction off your record. You will then be eligible to file for an expungement of any trace of the offense, including police and courthouse records.

Call Minnesota criminal defense attorney Robert J. Shane for a free phone consultation or visit his web site for more criminal defense tips at www.criminallawyerminnesota.com.

How to Quickly Reinstate Full Driving Privileges after a MN DWI

If your driver's license has been revoked in Minnesota after a DWI offense, there is a way to quickly reinstate full Class D driving privileges.

A first time alcohol offense in Minnesota with an alcohol concentration under .16 requires a 90 day loss of driving privileges. If you were under 21, the revocation period is increased to 180 days. A second alcohol offense within 10 years or a third offense on record requires a one year loss of driving privileges.

A first time alcohol offense with an alcohol concentration above .16 requires a one year loss of driving privileges. The revocation period increases to two years for a second offense within ten years or for the third offense on record.

How can you quickly reinstate full driving privileges under any of these circumstances? It's simple, participate in Minnesota's Ignition Interlock Device Program. You will need to (1) pass a DWI knowledge test, (2) pay the $680.00 reinstatement fee, (3) apply for a new Class D driver's license, (4) sign an Ignition Interlock Participation Agreement, (5) submit proof of insurance, and (6) if required, sign a Special Review Awareness form. More information about the program can be found at https://dps.mn.gov/divisions/dvs/programs/mn-ignition-interlock/Pages/law.aspx.

For more tips on Minnesota DWI law and defenses, call Minneapolis criminal defense attorney Robert J. Shane at (612) 339-1024 or visit his web site at www.criminallawyerminnesota.com.

Child Abuse Defense Attorney

If you have been charged in Minnesota with the crime of child abuse, you have been accused of one of the most horrific crimes imaginable. The jury will automatically presume you are guilty and will sympathize with the child. You will need to prove your innocence even though the entire burden of proof remains with the prosecution. Often times it will be necessary for you to testify in your defense in order to establish that your character does not fit the profile of a child abuser.

You will need an experienced child abuse defense attorney to defend you against these allegations. I recently defended a client charged with six counts of child abuse in Kanabec County, Minnesota, including felony malicious punishment of a child and assault in the third degree. I am proud to report that the jury returned a verdict on March 7, 2012 of not guilty to all four counts of child abuse. The case was no more than a witch hunt by the prosecution to convict my client at all costs, including tamping with the physical evidence in the case. We asserted the defense that an alternative perpetrator committed the crime and raised enough reasonable doubt to win an acquittal for my client.

If you or someone you know has been charged with child abuse, call Minnesota criminal defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at www.criminallawyerminnesota.com.

Drug Crimes Defense Lawyer

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.

Minneapolis Synthetic Marijuana Defense Attorney

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. The new law makes the sale of any amount of synthetic pot a gross misdemeanor 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.
Posted by Robert J. Shane at 1:12 PM Email ThisBlogThis!Share to TwitterShare to Facebook0 comments:

Post a Comment



Newer Post Older Post Home
Subscribe to: Post Comments (Atom)

Minneapolis Marijuana Defense Lawyer

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.

Minnepolis Theft Lawyer

I am a private attorney with 30 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 Car Forfeiture Attorney

I am a private attorney with 28 years of experience in defending Minnesota vehicle forfeiture cases. If you have been served with Notice of Intent to Forfeit Vehicle, you will need an experienced forfeiture defense attorney to preserve your investment. I have listed below a recent case result from an attempted forfeiture of a vehicle seized in a drug raid in Dakota County:


• Mercedes Benz M-Class with Market Value 30K - forfeiture proceeding dismissed for failure to file a timely complaint


I achieve these results through hard work, people skills, and an ability to locate and exploit the legal loophole. The outcome in any vehicle forfeiture 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 Minnesota vehicle forfeiture law at www.criminallawyerminnesota.com.

Minneapolis Probation Revocation Attorney

I am a private attorney with 28 years of experience in defending Minnesota probation revocation cases. If you have been served with a notice of probation revocation, you will need an experienced probation revocation defense attorney to protect your freedom. I have listed below a recent case result in the defense of a probation revocation case.

• Felony DWI probation revocation petition filed in Anoka County (second violation with a positive UA for ETOH) petition dismissed with no executed jail time

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 Minnesota probation revocations at www.criminallawyerminnesota.com.

Minneapolis Burglary Defense Attorney

I am a private attorney with 28 years of experience in defending Minnesota burglary charges. If you have been charged with burglary, you will need an experienced burglary defense attorney to protect your freedom. 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 Minnesota burglary charges at www.criminallawyerminnesota.com.

Minneapolis Probation Revocation Defense Lawyer

I am a private attorney with 28 years of experience in defending Minnesota probation revocation cases. If you have been served with a notice of probation revocation, you will need an experienced probation revocation defense attorney to protect your freedom. I have listed below a recent case result in the defense of a probation revocation case.

• Felony DWI probation revocation petition filed in Anoka County (second violation with a positive UA for ETOH) petition dismissed with no executed jail time

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 Minnesota probation revocations at www.criminallawyerminnesota.com.

Minneapolis Vehicle Forfeiture Lawyer

I am a private attorney with 28 years of experience in defending Minnesota vehicle forfeiture cases. If you have been served with Notice of Intent to Forfeit Vehicle, you will need an experienced forfeiture defense attorney to preserve your investment. I have listed below a recent case result from an attempted forfeiture of a vehicle seized in a drug raid in Dakota County:


• Mercedes Benz M-Class with Market Value 30K - forfeiture proceeding dismissed for failure to file a timely complaint


I achieve these results through hard work, people skills, and an ability to locate and exploit the legal loophole. The outcome in any vehicle forfeiture 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 Minnesota vehicle forfeiture law at www.criminallawyerminnesota.com.

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.

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.

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.

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.

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.

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.