About Robert J. Shane

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So far Robert J. Shane has created 57 blog entries.

The Consent Defense in a Rape Case

Depending on how the case is charged out by the prosecution, the defense of consent may be available to criminal defendants charged with rape. Consent is defined under Minnesota law as a person's words or overt actions that indicate a freely given present agreement to perform a particular sexual act. Consent does not exist simply [...]

By | July 25th, 2014|Blog|0 Comments

Minnesota’s New Expungement Law

Coming soon to a courthouse near you is a way to seal your criminal past. We have all made mistakes and fallen into trouble with the law. Now you have a chance to keep your future employer, landlord, friend, or relative from finding out about a prior conviction. On January 1, 2015, a new expungement [...]

By | July 8th, 2014|Blog|0 Comments

When Can Police Enter Your Home Without a Warrant?

Police may only enter your home without a warrant if you give them consent to enter or when they have probable cause to believe a crime has been committed and exigent circumstances exist.The Fourth Amendment protects all citizens against unreasonable searches by the government of "persons, houses, papers and effects." The presence of exigent circumstances [...]

By | May 25th, 2014|Blog|0 Comments

Restore Your Gun Rights Now

If you have been convicted of a crime of violence, Minnesota law prohibits you from shipping, transporting, possessing, or receiving a firearm. This law has a devastating effect on the rights of all Minnesota hunters who have made a mistake at some point in their past but have since become law abiding citizens. A crime [...]

By | March 15th, 2014|Blog|0 Comments

Felon in Possession of a Firearm

It's a crime in Minnesota for a person convicted of a felony to possess a firearm. See Minn. Stat. Sec. 624.713. Before the state can obtain a conviction, it will need to prove the defendant is a person who is ineligible to possess a firearm. An experienced criminal defense attorney will advise his client to [...]

By | March 8th, 2014|Blog|0 Comments

The Use of an Entrapment Defense in a Controlled Buy Drug Case

In order  to assert an entrapment defense in a controlled buy case, a defendant must show by a fair preponderance of the evidence that the government induced the commission of the crime. Inducement by the government requires more than  merely providing a person with an opportunity to sell drugs. Soliciting a person to commit a crime in not government [...]

By | February 17th, 2014|Blog|0 Comments