About Robert J. Shane

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So far Robert J. Shane has created 93 blog entries.

Police Serve a Void Search Warrant

  I recently represented a client who was charged in Anoka County District Court with 5th Degree Controlled Substance crime. Police officers executed a search warrant at the defendant’s residence eleven days after the warrant was issued by the court. Officers located a felony amount of marijuana in his bedroom. The law in Minnesota regarding [...]

By | January 16th, 2015|Blog, Uncategorized|0 Comments

Computer Search Warrants in Minnesota

Let's say that as a part of an ongoing investigation into suspected drug dealing, the police have obtained a search warrant for your computer. The search warrant gives the Minnesota Bureau of Criminal Apprehension permission to search your computer for "photographs, internet searches, communications including but not limited to emails, videos, stored data, and any [...]

By | January 7th, 2015|Blog, Uncategorized|0 Comments

Free Yourself from your Past with an Expungement

You are now able to petition the court to expunge from your record petty misdemeanor convictions, misdemeanor and gross misdemeanor convictions, and certain felony convictions. The expungement law in Minnesota has been amended to allow for a more complete remedy. Now you can seal from public view not only the courthouse file containing all the dreaded facts [...]

By | October 31st, 2014|Blog|2 Comments

Sex Trafficking Law in Minnesota

Sex trafficking is a serious felony offense under Minnesota law and is as: (a) receiving, recruiting, enticing, harboring, providing, or obtaining by any means an individual to aid in the prostitution of the individual; or (2) receiving profit or anything of value, knowing or having reason to know it is derived from an act described [...]

By | September 20th, 2014|Blog|0 Comments

Mortgage Fraud Defense

Mortgage fraud is a complex white collar crime and can involve obtaining mortgage loan proceeds by perpetrating such crimes as identity theft, forgeries, bank fraud, wire fraud, theft by swindle and racketeering. Oftentimes, fake identity documents are created for a straw buyer who is paid for his role in the scheme. The documents may falsely [...]

By | September 6th, 2014|Blog|0 Comments

How to Get Less Prison Time in a Minnesota Criminal Case

It is possible to reduce the amount of time you will spend in prison. You will need the right set of facts and circumstances to reach this goal. The Minnesota Sentencing Guidelines establish the presumptive prison sentence in every serious felony case. The determination of the sentence is based on the severity level of the [...]

By | August 9th, 2014|Blog|0 Comments

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