Blog – Robert J. Shane

Snitching for the police has always been dangerous business. Police are very interested in climbing up the drug dealer food chain. They want to know who you bought your your drugs from and who else you may know that sells drugs. They want the big fish, not the small time dealer. Soon after your arrest, an investigator will come  see you at the  jail and request an interview. Promises will be made about not charging out your drug case in exchange for your participation in a controlled buy of [...]

No, the police are not required to inform a criminal suspect about the existence of an outstanding  warrant for his or her arrest. Prosecutors will usually request an arrest warrant when charging out a more serious case like aggravated assault or first degree controlled substance crime where the suspect poses a serious threat to public safety, or in situations where the accused has a prior history of not responding to a summons to appear in court. If you or someone you know has an outstanding warrant for [...]

Yes, this is what is called a physical control case. If you were under the influence of alcohol or tested above the legal limit, and were in a position to start the engine and operate the vehicle, you can be charged and convicted of a DWI. It doesn't matter that you never intended to start the car and drive off down th street, it only matters under the law that you had the ability to do so. If [...]

When you first find out that a warrant has been issued for your arrest, you become scared and don't know what to do. The police have been coming over to your house or apartment,  knocking on the door and asking questions.  What steps should you take? The first step is to meet and retain an experienced Minnesota criminal defense attorney before you are arrested. You do not want to be arrested first and then have no lawyer present in [...]

Question Detail: I was in the passenger seat of my friend's vehicle while he was pulled over for taking an illegal right turn on a red. Police smelled marijuana. My friend said the car was his and anything in it was his. They searched the car and found marijuana, a grinder, and a bowl. Since the grinder was found BELOW the passenger's seat (imagine directly in the middle below the seat as it was a stash spot [...]

If you have been charged with a controlled substance offense and are making your first court appearance, the judge may order as a condition of your release that there be no use or possession of drugs and that you  submit to random  drug testing.  You would be required by probation to submit to random  urinalysis to determine if there is a detectable amount of controlled substance in your system. If you have been consuming drugs prior to taking the initial urinalysis, do not be concerned. The order only [...]

Police are not required by Minnesota  law to leave behind a copy of the affidavit establishing probable cause for the issuance of the search warrant for your home.  Police are only required to leave  a copy of the search warrant and an inventory of items seized from the residence. A copy of the search warrant affidavit establishing probable cause for the issuance of the warrant can be obtained by defense counsel by sending a demand for disclosure to the prosecuting attorney.  A review [...]

Has your car been  seized by the police for forfeiture? If so, you may have a valid defense to the forfeiture proceeding. My advice  is to meet with an experienced forfeiture defense attorney to review the facts of your case and discuss possible defenses. Please be advised that there is a statutory time limit for challenging a vehicle  forfeiture. In Minnesota,  a Petition for Judicial Determination of the Forfeiture must be filed with the court within 60 [...]

The question often comes  up about  whether or not a person is required to produce identification when  requested by a police  officer after a  traffic stop. The answer to the question depends on whether or not the stop of you car  was legal. If the stop of your car was not supported by a reasonable suspicion of criminal activity, the officer has no legal basis to request that you produce identification, since the stop was illegal. If the stop of your car  was supported by a reasonable [...]

When you are arrested in Minnesota   for a probation violation, you must be brought in front of a judge within 36 hours, exclusive of the day of arrest. The judge may release you pending a probation revocation hearing, but there is no absolute right to bail. If you remain in custody, a revocation hearing must be held within 7 days. If you or someone you know as  been arrested for a probation violation in Minnesota, you will need to retain experienced criminal [...]

Under the Fith Amendment, you are not obligated to disclose your identity to police if the disclosure  would incriminate you.  In other words, you must reasonably believe that the disclosure of your identity could be used against you in a criminal prosecution or could lead to other evidence that might be used against you. Let's imagine that you are a minor who has been drinking alcohol at a party at your friend's house. The police receive a noise complaint [...]

Under Minnesota law, the testimony of a rape victim does not need to be corroborated at trial by any other evidence. In other words, you can be convicted of a rape charge based on the testimony of the victim alone. The law is set up to insure against  false charges and wrongful convictions through several safety valves that are built  into the criminal  justice system. First, the prosecution is required to prove all of the elements of [...]