Blog – Robert J. Shane

If evidence favorable to the defense of a criminal case has been destroyed by the prosecution, you may be able to have the charges against you dismissed. The willful and intentional destruction of exculpatory evidence by the prosecution will provide you with favorable grounds for filing the motion for dismissal. The Due Process Clause the United States Constitution guarantees all criminal defendants the right to present a vigorous defense against criminal charges. Without the evidence, due process [...]

It may be possible to keep a theft charge off your record given the dollar amount of the theft and a clean record. My advice would be to enroll in a theft offender treatment program now and complete the program before your first court appearance. A proactive defense is the best defense against a criminal charge. Secondly, I would hire an experienced theft defense attorney to guide you through the court system. You do not want to [...]

The attorney you hired is required to continue legal representation in your case even though you are unable to pay the balance of the retainer fee. Attorneys are required to file a Certificate of Representation with the Court in any criminal case. Once the certificate is filed with the court, the criminal defense lawyer may only withdraw from legal representation after filing a formal motion to withdraw with the court and securing a court order allowing the [...]

The store's attorney has a right under a statute to demand payment of the $250.00 fee in a shoplifting case. The fee is separate from any restitution payment that may be owed to the victim. The odds of the employer suing you to collect the statutory fee are slim and payment of the fee will not erase the arrest record for this offense. You will need to negotiate a continuance for dismissal of the criminal case without [...]

You should meet with an experienced criminal defense attorney first. If you meet with the police first, you will be interrogated and may incriminate yourself. The officer could then testify at your trial as to any incriminating statements you made to him. Most attorneys will advise you never to make any statements to the police under any circumstance. The sooner your retain counsel and turn yourself in on the warrant, the better the outcome will be in [...]

Minnesota law requires that your case be brought to trial within sixty (60) days from the date of the demand for a speedy trial. This is a constitutional right. The time period does not begin to run until after the entry of a not guilty plea. A defendant can make the demand for a speedy trial either orally on the record at a court appearance or by filing a written demand for a speedy trial with the [...]

An investment property is only subject to forfeiture under Minnesota state law where (1) the retail value of the controlled substance seized from the property during a search or arrest has a retail value of $2,000.00 or more; and (2) the owner has knowledge that the property was used to store or manufacture illegal drugs. If the property is a homestead, the Minnesota Constitution prohibits the sale of the home in a drug forfeiture proceeding. If you [...]

The case against you could be dropped if your confession is the only evidence available to prove you committed the the crime. Police are required to read you the Miranda warning before questioning if you are in police custody and being interrogated about the offense. If police fail to comply with the Miranda warning, the prosecution is not allowed to use your confession against you at trial. The case may still be prosecuted if there is sufficient [...]

Why should the size of water pipe a person uses matter to law enforcement? It matters because if the bong water contains 4 fluid ounces or more of a mixture containing a controlled substance, the weight of the bong water can be used to increase the severity of the drug charge against you. Instead of being charged with a 5th degree controlled substance offense for residue found in a bowl, you could be looking at a prison [...]

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The majority of crimes require the prosecution to prove criminal intent beyond a reasonable doubt before you can be convicted. If you were under the influence of medication at the time of an alleged offense, you may be able to establish the defense of lack of intent to commit the crime. You will need to retain a medical expert to testify regarding the effects of the medication on your ability to think rationally and intend the consequences [...]

Yes, a warrant can issue even when you have never been previously arrested or cited for a criminal offense. The issuance of a warrant for your arrest is one way of quickly bringing you before the court to face criminal charges. The decision to request a warrant is made by the prosecuting attorney and is reserved for more serious criminal offenses such as aggravated assault, burglary and high level drug offenses. Whenever there is a perceived threat [...]

If you were found in possession of a pound of methamphetamine and are convicted of the offense, the Minnesota Sentencing Guidelines call for a prison sentence of 86 months. If the case goes federal, the prison consequences are even worse. My advice is to immediately hire an experienced criminal defense attorney to search for loopholes in the prosecution's case. There may have been an illegal search and seizure of the evidence by the police. If your constitutional [...]

If you are completely innocent, my advice would be to submit to polygraph testing. The odds favor that you will pass the test and be eliminated as a suspect in the criminal case. If for some reason you fail the polygraph test, the results are inadmissible in court. If you are involved in any way with the criminal case, you should refuse to submit to polygraph testing and assert your constitutional right to remain silent. The police [...]

Your license to drive will be revoked by the commissioner for a period of 90 days where a test result indicates a blood alcohol concentration of .08 or more. If your test result is more than twice the legal limit of .08, your license to drive will be revoked by the commissioner for not less than one year. If you plead guilty to a first time DWI offense, the license revocation period will be reduced automatically down [...]

If police found a small amount of meth in the trunk of your car, you are facing a felony fifth degree controlled substance charge. If the search of the trunk was illegal, the prosecution cannot use the evidence obtained during the search against you at trial. As a consequence, the criminal charge will be dismissed for lack of probable cause. In order to justify the search of your trunk, police will need to obtain either your consent [...]

An experienced criminal defense attorney should be able to plea bargain a .08 blood alcohol reading on a DWI charge down to a careless driving offense. Prosecutors are willing to offer to amend the DWI charge in low test cases down to careless driving because they know the defense will question the accuracy of the test result at the time of trial and thereby create reasonable doubt in the minds of the jury. A jury is duty [...]

Possession of alcohol by a person under the age of 21 is a misdemeanor offense. It may be possible for an attorney to negotiate a continuance for dismissal of the charge on the condition that there be no same or similar offenses in the next year and on payent of the costs of prosecution. If the person complies with the conditions of the plea agreement, the charge would be dismissed at the end of one year without [...]

If your criminal lawyer is too busy to devote sufficient time to your case, you should consider hiring a new attorney. Before you dismiss your current lawyer, make sure you have hired a new attorney. Interview as many qualified and experienced canidates as possible. Why should you have to pay them a consultation fee when you may not hire them to defend you? During the interview process, try to determine the lawyers win/loss reccord and current case [...]

If your criminal attorney has taken on too many cases to devote time to your case, you should consider retaining new counsel. Begin the substitution process by personally interviewing as many qualified and experienced defense attorneys as possible. You should not have to pay a fee for a consultation when you are considering hiring them to defend you.

You will need to meet with an experienced expungement attorney to discuss your felony drug case. If you were granted a stay of adjudication at the time of sentencing,you will be able to seal all records regarding your arrest, booking, and criminal case. The expungment order will be sent to the arresting agency, the BCA, the sheriff's department, and clerk of court. If you were not granted a stay of adjudication, the court only has the power [...]

Yes, it is possible for a boxer to defend himself against assault charges in a criminal trial. My advise is to either retain private counsel or apply for the services of a public defender. A bar fight between a professional boxer and a bar patron probably ended with serious bodily harm inflicted upon the bar patron. If this was the case, a felony assault charge is likely. The problem with being your own attorney is that you [...]

The possession of a small amount marijuana received through the mail is a petty misdemeanor offense in Minnesota. A person is subject only to a fine payment of up to $300.00 and no jail time. A small amount of marijuana is defined by law as 42.5 grams or less. If you are cought driving with 1.4 grams of marijuana or more, it becomes a misdemeanor offense. Any amount of marijuana over 42.5 grams is a felony offense. [...]

I would always advise against representing yourself in any criminal case. If you are convicted of a shoplifting offense, you will have a misdemeanor conviction on your record open to public view. The conviction will adversely affect your ability to obtain housing and employment. Please hire an experienced criminal defense attorney to protect your future. Call attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website at http://www.criminallawyerminnesota.com.

Police are required to read you your Miranda rights prior to interrogation when you are in police custody. The failure to read you your Miranda rights could help your case. An experienced criminal defense attorney will file a motion to prevent the use of your confession against you at trial. If the defense motion is granted, the prosecution's case against you could be significantly weakened.If the police failed to read you your Miranda rights prior to a [...]