Blog – Robert J. Shane

An assault charge is taken more seriously then most crimes by both prosecutors and judges since it is a crime against a person. The goal of the defense in any criminal case is to avoid a conviction and stay out of jail. The best defense, first of all, is to hire an experienced criminal defense attorney. If you represent yourself in court, you will be more likely to be convicted of an assault crime and to do [...]

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 prior to questioning when a person is in custody. The Miranda warning is required, for example, when you are arrested and brought [...]

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 search are missing, the evidence cannot be used against you. I would advise you to challenge the car search by hiring an [...]

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, speeding, making a wide turn, failure to make a complete stop, etc. If you obtain a copy of the police report, you [...]

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 identifies many of the prohibited chemicals used in the manufacture of "fake pot" including JHW-007, JHW-018 and JHW-073. The synthetic marijuana 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 is found on your person or in an area that you consciously exercise control over. Intent to consume the alcohol can be [...]

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 does not report the theft to the police, you should be just fine.If the matter is reported to the police, you will [...]

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 in the State of Minnesota.If you are interested in hiring an experienced Minneapolis criminal defense lawyer and defending your freedom, call Robert [...]

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 cannot exceed $1,000.00.If you are interested in hiring an experienced criminal defense attorney to protect your future, call Robert J. Shane at [...]

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 over to the side of the road, from continuing to drive drunk. This will be a 4th degree misdemeanor DWI charge for [...]

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 each case. If the stop was illegal, the evidence obtained as a result of the stop can not be used against you. [...]

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 [...]