Yes, you can still be charged with a DWI even when your blood alcohol content is below the legal limit. A DWI charge is a separate offense from a .08 or more alcohol concentration charge. A straight DWI charge does not require the prosecution to prove that your blood alcohol level was at or above [...]
Yes, you can swap attorneys at anytime. The attorney you hired to defend you in a criminal case has an ethical duty to stay in contact with you and to promptly return your phone calls. If he fails to do so, you have plenty of reason to fire your lawyer and request a refund of [...]
The best tactic for lowering a DWI charge involves conducting a thorough investigation of the facts in your case with an eye towards finding legal loop-holes. You will need to retain an experienced DWI defense attorney to guide you. There are many constitutional defenses available to a DWI suspect, including the following: (1) challenging the [...]
A police officer cannot pull you over for no reason. The officer must have some reasonable suspicion of criminal activity before he can stop your car. This standard is less than the probable cause required for an arrest but more than "a mere whim, caprice or idle curiosity." Under Minnesota case law, the basis for [...]
No, police are not authorized to search your car on the sole grounds that the owner has a prior drug conviction. In order to justify a warrantless search of a car for drugs, police will need to establish probable cause to believe that drugs are located inside the car. The officer could establish probable cause [...]
Yes, two people can be charged with possession of the same drug under the legal theory of constructive possession. For example, if the police found a rock of crack cocaine on a coffee table during the execution of a search warrant, and you and a friend were found seated around the table, you could both [...]
If you have been falsely accused of stealing on the job, your best defense is to hire an attorney now for pre-charge legal representation. If you are absolutely innocent, it may be to your advantage to fully cooperate with the police investigation. By giving a statement to the police and consenting to a search of [...]
You will want to immediately retain experienced defense counsel to defend your freedom and reputation. While the case is being investigated, you should not interview with any police officer or investigator. You are at risk for being charged with malicious punishment of a child and domestic assault. By hiring an attorney early on in the [...]
Yes, you can be charged with a DWI for drunk driving on private property. Minnesota DWI laws apply to operating a vehicle while under the influence on private property, lawns, parking lots, lakes and rivers. The courts always interpret the DWI laws liberally in favor of public safety. The DWI charge could still be dismissed [...]
Yes, you can be recharged with a felony after the charge has been dismissed. Often times a prosecutor will dismiss a felony charge on his own motion for lack of evidence or due to missing witnesses making the case more difficult to prove at trial. A criminal case can also be dismissed on a defense [...]
