Blog – Robert J. Shane
Sex Trafficking Law in Minnesota
Sex trafficking is a serious felony offense under Minnesota law and is as: (a) receiving, recruiting, enticing, harboring, providing, or obtaining by any means an individual to aid in the prostitution of the individual; or (2) receiving profit or anything of value, knowing or having reason to know it is derived from an act described in clause (1). First Degree Sex Trafficking crime involves a person who, acting other than as a john or a prostitute, intentionally [...]
Mortgage Fraud Defense
Mortgage fraud is a complex white collar crime and can involve obtaining mortgage loan proceeds by perpetrating such crimes as identity theft, forgeries, bank fraud, wire fraud, theft by swindle and racketeering. Oftentimes, fake identity documents are created for a straw buyer who is paid for his role in the scheme. The documents may falsely state his identity, income and liabilities in order to qualify for a mortgage loan. False identity documents are then passed along to [...]
How to Get Less Prison Time in a Minnesota Criminal Case
It is possible to reduce the amount of time you will spend in prison. You will need the right set of facts and circumstances to reach this goal. The Minnesota Sentencing Guidelines establish the presumptive prison sentence in every serious felony case. The determination of the sentence is based on the severity level of the offense and your criminal history score. In order to avoid a presumptive prison sentence, a Minnesota criminal defense attorney will need to [...]
The Consent Defense in a Rape Case
Depending on how the case is charged out by the prosecution, the defense of consent may be available to criminal defendants charged with rape. Consent is defined under Minnesota law as a person's words or overt actions that indicate a freely given present agreement to perform a particular sexual act. Consent does not exist simply because of a prior or current social relationship between a defendant and the alleged victim. Consent also does not exist where the [...]
Minnesota’s New Expungement Law
Coming soon to a courthouse near you is a way to seal your criminal past. We have all made mistakes and fallen into trouble with the law. Now you have a chance to keep your future employer, landlord, friend, or relative from finding out about a prior conviction. On January 1, 2015, a new expungement law goes into effect in Minnesota. Under certain circumstances, you may qualify to file a petition to seal all records relating to [...]
When Can Police Enter Your Home Without a Warrant?
Police may only enter your home without a warrant if you give them consent to enter or when they have probable cause to believe a crime has been committed and exigent circumstances exist.The Fourth Amendment protects all citizens against unreasonable searches by the government of "persons, houses, papers and effects." The presence of exigent circumstances can justify a warrantless entry of your home only when police are in hot pursuit, or there is danger to human life [...]
When can I be Charged with Conspiracty to Sell Marijuana?
In order for a person to be charged with the crime of conspiracy to sell marijuana in Minnesota, the state must be able to establish probable cause to believe that there was (1) an agreement between two or more people to sell marijuana to a third person; and (2) an overt act in furtherance of the conspiracy. Let's say for example Mr. Jones is a drug dealer who receives a call from Mr. Smith who wants to [...]
Restore Your Gun Rights Now
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 [...]
Felon in Possession of a Firearm
It's a crime in Minnesota for a person convicted of a felony to possess a firearm. See Minn. Stat. Sec. 624.713. Before the state can obtain a conviction, it will need to prove the defendant is a person who is ineligible to possess a firearm. An experienced criminal defense attorney will advise his client to stipulate to this fact in order keep the jury from learning about the defendant's negative past. Secondly, the state must prove that [...]
When Can Police Ask for Consent to Search Your Car for Drugs?
The scope of a police investigation must be limited to the original purpose for the traffic stop. If you were stopped for a burned out tail light or for speeding, the scope of the police investigation must be limited to the original purpose for the stop. The officer can only ask you related questions such as, "How fast were you driving?" or "Did you know your tail light was burned out?" That's it. The scope of the [...]
The Use of an Entrapment Defense in a Controlled Buy Drug Case
In order to assert an entrapment defense in a controlled buy case, a defendant must show by a fair preponderance of the evidence that the government induced the commission of the crime. Inducement by the government requires more than merely providing a person with an opportunity to sell drugs. Soliciting a person to commit a crime in not government entrapment. Inducement by the government to commit a crime can be proven by presenting evidence at trial that the government persuaded, badgered, [...]
How to Avoid a Conviction on a Minnesota Theft Offense
If you are charged with a theft offense in Minnesota, your case may be eligible for a diversion program. A diversion is a treatment program available to theft offenders and is an alternative to a conviction. The program requires you to participa...
Mpls. Police Use a Drug Dealer’s Cell Phone Number to Track Him Home
In a recent Minneapolis narcotics investigation, officers used a cell phone locator tool to track a drug dealer to his residence. A confidential informant provided police officers with information that a suspect known as "Dennis" was dealing larg...
When Can You Withdraw a Guilty Plea in MN?
A defendant in a Minnesota criminal case has no absolute right to withdraw a guilty plea. The Minnesota Rules of Criminal Procedure allow for the withdrawal of a guilty plea in two different situations. In the first, a judge may ...
Narcotics Dog Sniff and the Drug Package Profile
Does your package fit the drug package profile? If so, there may be reasonable, articulable suspicion for the police to conduct a narcotics dog sniff. If the dog alerts to your package, probable cause will be established for the issuance of a search warrant. The United States Constitution and the Minnesota Constitution protect all citizens with the fundamental right to be “secure in their persons, houses, papers, and effects against unreasonable searches and seizures.” Minn. Const. art. [...]
What to Do When the Feds Seize and Attempt to Forfeit your Cash or Property
Let's say you are at the Minneapolis airport and happen to be carrying $50,000.00 in cash in your backpack. The cash does not represent proceeds from any criminal activity. Instead, you are a hardworking American citizen who dutifully s...
When Can Police Freeze a Suspected Drug House while Obtaining a Search Warrant?
Officers who conduct a lawful arrest may freeze a suspected drug house while obtaining a search warrant. Officers must have probable cause to believe that evidence of criminal activity may be found on ...
The Use of Force to Defend against a Home Invasion
When can I use force to defend myself against a home invasion? Under Minnesota law, you are allowed to use a reasonable amount of force to defend yourself from an assault. The law allows the use force in self-defense during a home invasion when (1) you have not been aggressive toward or provoked the other person; (2) you have an honest belief that you are about to die or suffer great bodily harm; and (3) you must [...]
Minnesota Robbery Defense Lawyer
One of the central issues for the jury to decide in every robbery case is the identification of the suspect. The state will need to prove beyond a reasonable doubt that the defendant is the person who in fact ...
When Can Police Conduct a Pat Frisk?
Before the police can conduct a pat frisk, there must first be a lawful investigative stop. Police are allowed to temporarily detain a person or stop a car when there is reasonable suspicion that a crime has been or is being committed. The standar...
Do I have a Right to Make a Phone Call from Jail?
Yes, any person who is newly admitted as an inmate to a jail facility in Minnesota has a right to make either a local or collect long-distance phone call. The right to make a phone call from jail allows you to contact either a family member or a sig...
The Minnesota Firearm Enhancement Statute
The Minnesota firearm-enhancement statute applies to convictions for certain types of criminal offenses where a person had in possession or used a firearm at the time of the offense. The firearm-enhancement statute requires a person to serve a minimum term of imprisonment of not less than 3 years. The statute applies to the following criminal offenses: (1) murder; (2) assault; (3) burglary; (4) kidnapping; (5) false imprisonment; (6) manslaughter; (7) robbery; (8) criminal sexual conduct; and (9) controlled substance [...]
When Can I Be Charged with Terroristic Threats?
Whoever threatens to commit a crime of violence with the intent to terrorize another person may be convicted of a felony. The state is required to prove that a person had the specific intent to terrorize another person. For example, if a person says, "I am going to poison you to death" this sounds like a threat to commit homicide. On closer examination, this may not be the case. The person who made the statement may have [...]
When Can I Be Charged with Fleeing a Police Officer in a Motor Vehicle?
It's a felony offense in Minnesota for a driver to flee or to attempt to flee a police officer who is lawfully discharging his official duties when the driver knows or reasonably should know that he ...
Minneapolis Prostitution Defense Attorney
It's a misdemeanor crime in Minnesota for a "prostitute" to intentionally engage in prostitution. A prostitute is defined as an individual who engages in prostitution by being hired, offering to be hired, or agreeing to being hired by another individual to engage in sexual penetration or sexual contact. The crime of prostitution essentially means agreeing to engage in sex for hire. How do the police catch prostitutes and how can a prostitution defense attorney help? An officer will typically be dressed [...]
