About Robert J. Shane

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So far Robert J. Shane has created 63 blog entries.

Minneapolis Riot Defense Attorney

In Minnesota, any person charged with rioting is facing a  very serious criminal offense. The riot statute divides the offense into three different degrees: first-degree riot, second-degree riot, and third-degree riot. First Degree Riot is the most serious but requires proof beyond a reasonable doubt that (1) the suspect is one of three or more [...]

By | June 2nd, 2020|Uncategorized|0 Comments

When are the Police Allowed to Detain a Citizen in MN?

The United States and Minnesota Constitutions protect citizens from unreasonable seizures by the police.  If your liberty is restrained by the police through a show of authority or physical force, consider yourself detained. A seizure occurs when a reasonable person believes that he or she is not free to terminate police questioning or to walk [...]

By | April 16th, 2020|Uncategorized|0 Comments

MN Law: A Downward Departure Lowers a Prison Sentence

In a prison commit case, the Minnesota Sentencing Guidelines prescribe a range for the sentence  that "is presumed to be appropriate."  The idea is to maintain uniformity and proportionality in sentencing for all defendants with similar charges and criminal histories. A district court judge in Minnesota may depart downward from the presumptive guideline prison commit [...]

By | March 21st, 2020|Uncategorized|0 Comments

Charged with Soliciting Prostitution in a Public Place?

If you have been charged in Minnesota with gross misdemeanor soliciting prostitution in a public place, you may have an excellent defense. The typical fact pattern involves the police setting up a sting operation where they create a fictional "prostitute" with a pretty name like "Brittany." Brittany then posts an online advertisement offering to perform [...]

By | March 20th, 2020|Uncategorized|0 Comments

Felony DWI Defense

I defended a case recently in Mille Lacs County, Minnesota where my client was charged with a felony DWI offense. This was a 42 month prison commit case upon conviction as he had a prior felony DWI conviction from 13 years ago. The case was weak from a defense standpoint. Our best option was to [...]

By | October 25th, 2018|Defense, DWI, Uncategorized|0 Comments

The Defense of a Felony Strangulation Charge

The charge of felony strangulation is a serious offense in Minnesota as the crime places the life of the victim at risk. Strangulation is defined as the intentional impeding of breathing by applying pressure to the neck or throat or by blocking the nose or mouth of another person. https://www.revisor.mn.gov/statutes/?id=609.2247. The neck is a vulnerable place for [...]

By | June 3rd, 2018|Uncategorized|0 Comments

Cell Phone Search Law in MN

Before police are allowed to search your cell phone, they must first obtain a search warrant from a judge based on a probable cause determination. The probable cause requirement means that there must be a fair probability that evidence of a crime will be found in the contents of the cell phone. In other words,  there must be a [...]

By | May 13th, 2018|Uncategorized|0 Comments

Pat-Frisk Law in Minnesota

When can police conduct a  pat-down search of your person? Let's assume you were driving your car on a Saturday night in downtown Minneapolis and just made wide turn  with a squad car trailing directly behind you. You happen to be carrying a hard cigarette pack containing a  small baggie of crystal methamphetamine in your right [...]

By | December 10th, 2017|Uncategorized|0 Comments