Blog – Robert J. Shane

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 [...]

The most important time for you to hire an attorney is when the case is still under investigation. A skilled Minneapolis criminal defense attorney can have a direct  influence on the decision by a police officer  to  refer the case to the prosecuting attorney  for formal charges. A simple polygraph test may do the trick. If the criminal lawyer can convince the officer  not to  refer your case  for prosecution, the case  goes no further than the facts recited in a police report resting  calmly at [...]

Sealing Arrest RecordsMinnesota law allows you to expunge your criminal arrest record under certain conditions. A successful expungement will prevent prospective employers and landlords from learning about mistakes you made in the past. The Minnesota Bureau of Criminal Apprehension and many other state agencies will seal your arrest records upon your request in a  case where you were arrested, but not charged,  under the  following conditions:a. You must not have  been convicted of a felony or gross misdemeanor within [...]