Police are not required to read the Miranda warning to you at the time of arrest. The failure of police to read the warning does not make the arrest illegal. An arrest is valid as long as police have probable cause to believe you committed a crime. Police are required to read the Miranda warning [...]
The search of your car without consent by the police is illegal. In order for the car search to be legal, the police would need to have either consent to search the car or probable cause to believe the car contained evidence of a crime. If either one of these grounds for a legal car [...]
The police are not required to provide you with a reason for stopping your car. The police only need to have a reasonable suspicion of criminal activity in order to justify the stop. This is not a very high standard. Police stops have been upheld as legal for reasons such as weaving between the lanes, [...]
Effective July 1, 2011, it is illegal to possess or sell synthetic pot in Minnesota. Synthetic pot is often sold under the street names of herbal incense, K2 or Spice. Certain chemicals in these drugs have a similar effect on the brain receptors as THC, the ingredient found in marijuana. The new syntheic pot law [...]
Possession of alcohol by a person under the age of 21 is a misdemeanor offense in Minnesota. The penalty is 0 to 90 days jail and/or $0 to a $1,000,00 fine. The prosecution will need to prove that you possessed the alcohol with an intent to consume it. Possession exists where a bottle of alcohol [...]
Yes, you can still be charged with theft even though you fulfilled your agreement with the employer by resigning. Since the prosecution was not a party to the agreement, they cannot be bound by the agreement and are free to charge out the criminal offense. But as long as the employer upholds the agreement and [...]
Yes, you are free to travel anywhere in the State of Minnesota with a pending misdemeanor charge. You are also free to leave the State of Minnesota and travel to any state in the country. The only restriction would be where a judge imposed the specific condition on your release from jail that you remain [...]
You may be able to negotiate the dismissal of the charge upon successful completion of certain conditions. A theft conviction would likely affect your ability to obtain employment and housing. The chances for a jail sentence on a first time conviction are slim. The amount of the fine will depend on your economic circumstances but [...]
Yes, you can be charged with a DWI for being "in physical control" of the car. This means that you are seated behind the steering wheel and have the ability to put the car in motion. The physical control DWI law is designed to prevent a drunk driver, who has stopped his car and pulled [...]
A police officer only needs suspicion of criminal activity to justify a traffic stop. This standard is less than probable cause and an observation of an actual traffic violation is not necessary. If you were swerving in the lanes, an officer may be able to justify the stop. It all depends on the circumstances of [...]