Blog – Robert J. Shane

Before you can be convicted of driving after suspension, a prosecutor will need to prove beyond a reasonable doubt that you knew, or should have reasonably known, that your driver's license was suspended on the date of the offense. The prosecutor can meet this burden of proof by introducing at trial a certified copy of the notice of suspension of driving privileges mailed by the Department of Public Safety to the address listed on your driver's license. [...]

Yes, you can file a petition in Minnesota to expunge a felony theft conviction from your record. The court has the "inherent authority" to grant the expungement petition. You will need to prove to the court at a hearing that the benefit of sealing your criminal record outweighs the detriment to society in not knowing about your criminal past. If you can meet this burden of proof, the court can use its inherent authority to grant the [...]

Minnesota law allows a defendant charged with aggravated assault to assert the right to self defense under certain conditions. Before you may rely on self defense at trial, the law requires that you retreat from the encounter before resorting to the use of force. If it is not possible to retreat from the encounter, you may use a reasonable amount of force to defend yourself. Depending on the facts of the case, a person may have been [...]

My advice would be to retain a Minnesota hit and run defense attorney before turning yourself in at the jail. A lawyer will be able to determine whether or not a warrant has been issued for your arrest. If there is an outstanding arrest warrant, the court may have authorized a bail amount. If bail has been set by the court, you should contact a bail bonding company from the comfort of your own home. The bonding [...]

There is an old saying in the law: You can indict a ham sandwich. That's how easy it is for the US Attorney to indict someone for a federal crime. The grand jury meets in secrecy behind closed doors with only the prosecutor and his witnesses. Defense attorneys are not allowed in the grand jury room so government witnesses are never subjected to rigorous cross-examination. The grand jury never hears testimony from a single defense witness. Now [...]

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Leaving the scene of an accident or "hit and run" is a misdemeanor offense in Minnesota. A conviction could result in a sentence of up to 90 days in jail and/or a $1,000.00 fine. Whenever a person is involved in a property damage accident with an unattended vehicle, Minnesota law requires you leave a written notice with your name and address in a conspicuous place on the damaged vehicle. If you fail to do so, you could [...]

My advice would be to hire an attorney to defend your freedom and reputation when charged with a misdemeanor theft crime. Even though the dollar amount of the theft may be low, the negative consequences resulting from a conviction are high. A prospective employer or landlord can easily conduct a criminal history background check and discover your theft conviction. A theft conviction found on your record could cost you your job and limit your housing choices. When [...]

If you fail to complete a condition of probation, such as community service or fine payment, the court can violate your probation and imposes any stayed jail time. Sounds like your case was scheduled for a first appearance on a probation violation. When you miss a court appearance, the judge issues a bench warrant for your arrest. My advice would be to retain counsel and then make arrangements to turn yourself in at the jail on the [...]

The best defense is advise your son not to interview with the police or their investigators. The text message he sent, threatening to stab a girl, qualifies as a terroristic threat. The officer will complete his investigation and submit his reports to the prosecuting authority for review. The prosecutor will make the decision on whether or not to file a petition in juvenile court charging your son with terroristic threats, a felony level offense. The decision will [...]

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 the legal limit. A straight DWI charge is a conduct based offense that can be proved at trial through testimony by the [...]

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 any unearned portion of the retainer fee. Once you retain a new lawyer, he will file a Certificate of Representation with the [...]

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 basis for the police stop of your car; (2) lack of probable cause to justify a DWI arrest; (3) failure of 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 a valid vehicle stop is minimal and doesn't require an actual violation of the traffic laws. Stops have been upheld by the [...]

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 to search the car by observing drugs or paraphernalia in plain view or by detecting an odor of marijuana coming from inside [...]

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 be charged with possession of crack cocaine. This is true because the crack cocaine was in found in an area over which [...]

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 your home, you will be demonstrating your innocence. You may also want to consider offering to submit to a polygraph test. A [...]

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 case, you may be able to prevent criminal charges. If you, or someone you know, has been charged with child abuse, you [...]

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 if the police did not have reasonable suspicion of criminal activity to justify the stop of your car or lacked probable cause [...]

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 motion based on lack of probable cause to believe an offense was committed by the defendant. After the dismissal, police investigators may [...]

Yes, minors are entitled to have legal representation in juvenile court. If they are indigent, the court will appoint an attorney to represent them. Minors are entitled to many of the same rights as adults including the right to remain silent and to confront and cross-examine witnesses at trial. These rights are guaranteed to juveniles by the Due Process Clause of the Fourteenth Amendment. The right to counsel in a criminal case is guaranteed to adults by [...]

If a person is acquitted of a criminal assault charge, he can still be sued for a civil assault arising out of the same set of facts. This is true because the parties are different in both cases. In the criminal case the parties are the State of Minnesota verses the defendant. In the civil case the parties are the victim of the assault verses the defendant. Since the victim of the assault did not have an [...]

Yes, you can fight a minor consumption ticket. You would be wise not to submit to a preliminary breath test. You are under no legal obligation to submit to any field sobriety testing. The PBT test result is admissible evidence in court and can be used against you in a minor consumption prosecution. If you agree to submit to the pen test tracking your eye movements, the officer will be allowed to testify at trial regarding the [...]

The best advice would be for you to contact the prosecuting attorney and tell him that you do not wish to cooperate in the prosecution of your friend. No prosecutor wants to have an uncooperative witness at trial. Let the prosecutor know if you were the one who started the fight. The defendant may be able to assert self-defense and the state may learn that they no longer have a slam dunk case. Some prosecutors will tell [...]

The best defense in a shoplifting case is to hire an experienced criminal defense attorney. If you represent yourself, you will have no bargaining power with the prosecutor and will only be offered unfavorable plea agreements that result in a conviction and jail time. An experienced criminal defense attorney will know the prosecutor and may be able to negotiate a continuance for dismissal, a stay of adjudication, or a stay of imposition of sentence with dismissal of [...]