Blog – Robert J. Shane

Yes, a sober driver can be be charged with an open bottle misdemeanor offense for allowing passengers to drink alcohol in the car. The officer is required by law to release you on citation instead of arresting you unless you have a history of outstanding bench warrants for failure to make your court appearances.If you are charged with open bottle offense, contact Robert J. Shane, an experienced Minneapolis Criminal Defense Attorney at (612) 339-1024 or visit his [...]

Yes, it is a felony offense to flee a police officer in a motor vehicle when a person refuses to stop after being given a signal by the police officer to stop. An actual police chase is not required under the law to support a criminal prosecution. You will need to hire an experienced criminal defense attorney to defend your liberty and reputation. Call Robert J. Shane, Esq. for a free phone consultation at (612) 339-1024 or [...]

Your daughter has a right under Minnesota law to use a reasonable amount of force to come to the defense of another person who is being assaulted. The legal issue in the case will be whether or not your daughter's use of a club agaisnt the attacker was a reasonable use of force. The prosecution has already filed a criminal complaint and charged your daughter with a felony offense. This means that a judge has already made [...]

Yes it is possible to obtain an out of state driver's license after a Minnesota DWI conviction. The problem is that you will need to first reinstate your driving privileges here in Minnesota. The reinstatement process includes waiting for the expiration of the license revocation period, taking a written DWI knowledge test, and paying a reinstatement fee. After your license has been reinstated here in Minnesota, you will be eligible for a "clearance letter" from the Commissioner [...]

Yes, you can still be charged with a DWI after the fact. Even though you passed the preliminary breath test and you did not receive a ticket on the scene, the officer can still charge you with a straight DWI offense for up to three years after the date of offense. A straight DWI charge does not require the state to prove a subsequent failure of a blood, breath or urine test. The state will still need [...]

You may be able to enter a diversion program in order to keep the theft offense off your record and allow you to keep receiving unemployment benefits. These programs are available in many counties for first time offenders where the dollar amount of the theft is not excessive. Misdemeanor and felony level offenders are often eligible for diversion. A person who qualifies for the program is required to attend theft offender classes, complete community service, and remain [...]

Yes, it is possible to expunge a misdemeanor domestic violence conviction from your record. The Court will need to make a finding that the benefit of granting you expungement relief outweighs the detriment to society in not knowing about your conviction. The relief granted by the Court in a successful expungement proceeding where there is a conviction is limited to sealing the courthouse file. The judge has no authority to order the sealing of local police department [...]

The judge may have issued a "body only" warrant due to the missed court appearance. With this type of warrant, you can not post bail or reset the court date. You would need to turn yourself in at the local jail and see the judge the next morning to set bail. My advice would be to hire an experienced criminal defense attorney with the goal in mind to negotiate a resolution of the case without requiring your [...]

The homeowner could only be charged if the prosecution can prove that he or she "constructively" possessed the drugs. Constructive possession is a theory used by the prosecution when a suspect is not found to be in actual physical possession of the drugs. The state must prove that the homeowner knowingly possessed the drugs with the resident and that the homeowner knew that the drugs were in fact a prohibited controlled substance. The state would need to [...]

The problem is that only a DWI attorney can determine whether or not your case is worth fighting. An experienced criminal lawyer may uncover defenses that are unknown to a lay person, even when the evidence against you appears overwhelming. There are many cases where an experienced DWI lawyer can make the difference between a permanent conviction on your record and the complete dismissal of the charge. Why open yourself up to pleading guilty in front of [...]

For most crimes in Minnesota, there is a 3 year statute of limitations.

Parents should normally be contacted before the police interview a minor. The police can still legally interview a minor without the parents being present but this may provide a basis for challenging the validity of the confession. A minor has the same right as an adult to assert his or her right to remain silent under the 5th Amendment. This is often the "Best Defense." If you need an experienced juvenile defense attorney, contact Robert J. Shane [...]

By turning yourself in to the police, you will be subject to questioning and will be informing on yourself. The matter may never come to the attention of the police if the victim doesn't alert them to a potential criminal case. The police are the investigative arm of the prosecution. When a report is made to the police, they will conduct an investigation and may decide to refer the matter to the prosecuting attorney for further review [...]

There are no guarantees that your husband can stay out of jail but there are things he can to lessen the chances. The first thing to do is hire an experienced criminal defense attorney. Many times the defense lawyer will have had prior cases with the same prosecutor or may know the judge and his sentencing policy. This knowledge and experience can prove invaluable when defending a criminal case. If your husband represents himself, he will be [...]

Please do not provide any statements to police officers or investigators regarding the facts of your case. You should not even discuss the case with any other person who may have an axe to grind against you. Any statement you make is called an admission and the person who took the statement or heard you make the statement can testify in court as to what you said, even if you were misunderstood or their recollection is not [...]

If your car is used to transport controlled substances, Minnesota law authorizes the forfeiture of the vehicle under certain circumstances. The controlled substance being transported must have a retail value of either $75.00 or $100.00, depending on the type of forfeiture proceeding, and the drugs must be associated with a felony level offense. The possession of any amount of cocaine, methampetamine or exstasy is a felony. Marijuana must weigh more than 42.5 grams to be a felony.A [...]

For most people, a criminal jury trial is a totally unknown and scary prospect. What is likely to happen and how can you prepare yourself?The case will begin with jury selection. A jury panel will be brought into the court room and seated in the gallery. All of the prospective jurors on the panel will be sworn in. The clerk will call the names of 21 jurors in the case of a felony or 15 jurors in [...]

Before the police can arrest you for a DWI, they will need to establish probable cause to believe you were driving, operating or in physical control of a car while under the influence of alcohol. By requiring a suspect to submit to standardized field sobriety testing before an arrest is made, police can usually avoid any legal challenge to probable cause for your arrest. In order to require standard field sobriety testing, police must first have a [...]

"THE BEST DEFENSE"Effective July 1, 2011, Minnesota drivers who submit to blood, breath, or urine tests which indicate an alcohol concentration of .08 or more will now face longer license revocation periods under the new law. For a first time offender under the age of 21, the revocation period will increase to not less than 180 days. If a test result is more than twice the legal limit, a first time DWI offender will now have his [...]

"The Best Defense"Can the police arrest you in Minnesota when you are suspected of committing a misdemeanor offense? If the police do not have a warrant but have decided to proceed with the prosecution, you must be released on a citation. There are a few exceptions to the rule: (1) If the police reasonably believe that an arrest is necessary to protect yourself or another from bodily harm or to prevent further criminal conduct, you may be [...]

                                                               "The Best Defense"Police are authorized under under Minnesota criminal law to break your door down and enter your home to arrest you without a warrant.  Before  police officers are permitted to enter your home to arrest you without a warrant, they must first have probable cause to believe you committed a felony offense. Secondly, police must provide you with proper notice of the their office and purpose. Police officers  must identify themselves and  inform you that they they are at your home to arrest you. If these [...]

“THE BEST DEFENSE”If you have been charged with a first time DWI test failure or test refusal, and are 21 years of age or older, there is a way to shorten the period of your driver’s license revocation in Minnesota by pleading guilty to the DWI. Before you consider this option, it’s important to first seek the advice of your attorney regarding the strength of the state’s case against you. Your attorney may advise you, for example, [...]

        What is the best defense against receiving a misdemeanor ticket for minor consumption in Minnesota? As every person under the age of 21 knows, it is against the law for you to consume alcohol in Minnesota. The only exception to the rule is when you are granted permission by your parents to drink at home. This almost never happens. More likely than not, you are at a concert or house party and decide to drink alcohol, [...]

        Now that a judge has authorized you to serve your sentence on electronic home monitoring (EHM), how do you make sure to take advantage of this great alternative to a jail sentence? The first step is to report to the workhouse on time. If you fail to do so, a judge may issue a bench warrant for your arrest. You may also be considered to be in violation of the terms of your probation and could [...]

If you have been convicted of a crime of violence, Minnesota law prohibits you from shipping, transporting, possessing, or receiving a firearm. This law has a devastating effect on the  rights of all Minnesota hunters  who have made a mistake at some point in  their past but have since become  law abiding citizens. A crime of violence includes felony convictions for offenses such as murder, kidnapping, assault, and criminal sexual conduct. A person who violates the statute can be sentenced to not more than [...]