Will I Be Drug Tested at My First Court Appearance for a Drug Crime?

If you have been charged with a controlled substance offense and are making your first court appearance, the judge may order as a condition of your release that there be no use or possession of drugs and that you  submit to random  drug testing.  You would be required by probation to submit to random  urinalysis to determine if there is a detectable amount of controlled [...]

By | December 4th, 2012|Blog, Uncategorized|0 Comments

Are Police Required under Minnesota Law to Leave a Copy of the Search Warrant Affidavit?

Police are not required by Minnesota  law to leave behind a copy of the affidavit establishing probable cause for the issuance of the search warrant for your home.  Police are only required to leave  a copy of the search warrant and an inventory of items seized from the residence. A copy of the search warrant affidavit establishing probable cause [...]

By | November 27th, 2012|Blog, Uncategorized|0 Comments

Minnesota Vehicle Forfeiture Law

Has your car been  seized by the police for forfeiture? If so, you may have a valid defense to the forfeiture proceeding. My advice  is to meet with an experienced forfeiture defense attorney to review the facts of your case and discuss possible defenses. Please be advised that there is a statutory time limit for [...]

By | November 7th, 2012|Blog, Uncategorized|0 Comments

Do I Have to Produce My ID on a Traffic Stop?

The question often comes  up about  whether or not a person is required to produce identification when  requested by a police  officer after a  traffic stop. The answer to the question depends on whether or not the stop of you car  was legal. If the stop of your car was not supported by a reasonable suspicion of criminal activity, the officer has no legal [...]

By | October 24th, 2012|Blog, Uncategorized|0 Comments

Minnesota Intoxication Defense

The majority of  crimes in Minnesota require the prosecution to prove that you had a particular intent or state of mind at the time the crime was  committed.  Burglary, for example, requires the prosecution to prove that you entered a dwelling without the consent of the owner and with the intent to commit a crime.   When intent or [...]

By | October 24th, 2012|Uncategorized|0 Comments

How Long Can I Be Held in Jail After My Arrest for a Probation Violation?

When you are arrested in Minnesota   for a probation violation, you must be brought in front of a judge within 36 hours, exclusive of the day of arrest. The judge may release you pending a probation revocation hearing, but there is no absolute right to bail. If you remain in custody, a revocation hearing must be held within 7 [...]

By | October 13th, 2012|Blog, Uncategorized|0 Comments

Should I Disclose My Identity to Police if I am Suspected of Minor Consumption?

Under the Fith Amendment, you are not obligated to disclose your identity to police if the disclosure  would incriminate you.  In other words, you must reasonably believe that the disclosure of your identity could be used against you in a criminal prosecution or could lead to other evidence that might be used against you. Let's imagine that [...]

By | October 7th, 2012|Blog, Uncategorized|0 Comments

When Should I Turn Myself in on a Minnesota Probation Violation?

The longer you wait to turn yourself in on a Minnesota probation violation, the more time you may spend in jail. The prosecution will use the delay as an argument against you when seeking for more jail time.  Remember, there may still be plenty of jail time hanging over your head from the original sentence. The first step is to retain [...]

By | October 4th, 2012|Uncategorized|0 Comments

What is Considered Constructive Possession during a Search Warrant?

When a narcotics search warrant is executed by the police at a home or apartment, often times there are other persons present who do not have anything to do with the controlled substance  found on the premises, but  become immediate suspects simply by being present. If you find yourself in this unfortunate situation, you have a defense. Before [...]

By | October 2nd, 2012|Uncategorized|0 Comments