About Robert J. Shane

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So far Robert J. Shane has created 89 blog entries.

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

When Can Police Walk a Narcotics Detection Dog Down the Hallway?

        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 [...]

By | November 5th, 2020|Drugs, Uncategorized|0 Comments

The Best Defense in a MN DWI Case

        If your criminal defense attorney is  able to suppress the use of the blood, breath or urine test results  in your Minnesota DWI case, you will have found the key to winning your case. The use of a chemical test result by the prosecution is critical to a successful DWI prosecution. [...]

By | November 5th, 2020|DWI, Uncategorized|0 Comments

When Can I be Charged with Fleeing a Police Officer in a Motor Vehicle?

        It's  a felony offense in Minnesota for a driver to flee or to attempt to flee a police officer who is lawfully discharging his official duties when the driver knows or  reasonably  should know that he is being  pursued by a police officer.  The case normally begins by the officer attempting to execute a stop for  a traffic violation, [...]

By | November 5th, 2020|Fleeing Police|0 Comments

When Can Police Conduct a Pat Frisk?

        Before the police can conduct a pat frisk, there must first be a lawful investigative stop. Police are allowed to temporarily detain a person or stop a car when there is reasonable suspicion that a crime has been or is being committed. The standard is less than the probable cause required for an [...]

By | November 5th, 2020|Arrests|0 Comments