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