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 [...]
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 [...]
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 [...]
Does a defendant have the right to refuse probation? The answer is yes. Often times the conditions of probation are more onerous to the defendant then serving out a jail or prison sentence. For example, in a felony drug case a judge may sentence a defendant to 6 months in jail but decide to stay the execution of [...]
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 [...]
The police may obtain and execute a no-knock search warrant in Minnesota when they have reason to believe that the evidence inside a home or business may be destroyed if advance warning of the police entry was given to the occupants. A no-knock warrant may also be justified in a situation where the circumstances present [...]
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. [...]
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 [...]
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 [...]
Police are required to have a "reasonable, articulable suspicion" of drug-related activity before they will be allowed to walk a trained narcotics-detection dog down the hallway of your apartment building. The Minnesota Constitution protects against unreasonable searches and seizures by the police. Evidence obtained as the result of an illegal search [...]
