About Robert J. Shane

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So far Robert J. Shane has created 84 blog entries.

Can I Get a DWI 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 [...]

By | November 13th, 2020|DWI|0 Comments

Should I Snitch for the Police?

Snitching for the police has always been dangerous business. Police are very interested in climbing up the drug dealer food chain. They want to know who you bought your  drugs from and who else you may know that sells drugs. They want the big fish, not the small time dealer. Soon after your arrest, an [...]

By | November 13th, 2020|Drugs|0 Comments

Use at Trial of Defendant’s Prior Acts of Domestic Abuse

The prosecution is allowed to introduce into evidence at a criminal trial  prior acts of domestic abuse  committed by a defendant against a victim of domestic abuse or against any other family or household members. See https://www.revisor.mn.gov/statutes/?id=634.20. The statute has been interpreted to permit the prosecution to also introduce evidence of prior assaults committed by an accused against  former girlfriends. Evidence of similar [...]

By | November 13th, 2020|Trial|0 Comments

Self-Defense and the Duty to Retreat in MN

        Was the self-defense claim doomed in the  Clifford case when he failed to retreat  to avoid the conflict with Vander Lee? The  best defense  for Sgt. Clifford  would have been  to simply walk  away and put an end to  the conflict.         Minnesota law  authorizes the use  of a reasonable amount of force to resist  "an [...]

By | November 9th, 2020|Self-Defense|0 Comments

Driving Under the Influence or Marijuana in Minnesota

        It's a crime to drive a car in Minnesota when a person is under the influence of a controlled substance. https://www.revisor.mn.gov/statutes/?id=169A.20. Marijuana is defined in Minnesota as a Schedule I controlled substance. The punishment for a conviction for driving under the influence of marijuana can range from county jail time to imprisonment. [...]

By | November 9th, 2020|Uncategorized|0 Comments

Minnesota Arrest Warrants

What should you do if you suspect there is an outstanding warrant for your arrest? You may be able to find out if a warrant has been issued for your arrest by searching online in the county where the crime occurred. Many police and sheriff's departments across Minnesota post the names of persons who have [...]

By | November 9th, 2020|Uncategorized|0 Comments

Minnesota Tax Evasion Defense

Any person who willfully attempts to evade or to defeat a tax imposed by law is subject to criminal prosecution. A conviction for tax evasion under federal law is a felony offense and carries a fine of not more than $500,000.00 and imprisonment not to exceed 5 years.   In order for the federal government to obtain a conviction [...]

By | November 9th, 2020|Uncategorized|0 Comments