Blog – Robert J. Shane

The majority of  crimes in Minnesota require the prosecution to prove that you had a particular intent or state of mind at the time the crime was  committed.  Burglary, for example, requires the prosecution to prove that you entered a dwelling without the consent of the owner and with the intent to commit a crime.   When intent or a state of mind is a necessary element of a crime, the jury is allowed to take into consideration the fact that [...]

The longer you wait to turn yourself in on a Minnesota probation violation, the more time you may spend in jail. The prosecution will use the delay as an argument against you when seeking for more jail time.  Remember, there may still be plenty of jail time hanging over your head from the original sentence. The first step is to retain an experienced criminal defense attorney to defend you against the probation violation. An experienced criminal defense attorney will  advise you to turn yourself in on a [...]

When a narcotics search warrant is executed by the police at a home or apartment, often times there are other persons present who do not have anything to do with the controlled substance  found on the premises, but  become immediate suspects simply by being present. If you find yourself in this unfortunate situation, you have a defense. Before you can be  be convicted  of possession of a controlled substance in Minnesota, the prosecution will need to prove that you possessed a [...]

The crime of fleeing a police officer in a motor vehicle is a felony level offense in Minnesota. See Minnesota  Statute Section  609.487. Any driver who flees or attempts to flee an officer who is lawfully discharging his official duty can be charged with this offense. The crime occurs when the driver, after being given a signal to stop by a person the driver knew or should have known was a police officer,  intentionally attempts to elude the officer. The officer [...]

If you have been granted a stay of adjudication on a felony drug conviction in Minnesota and have successfully completed your probation, you are eligible to file a petition to seal all records concerning your arrest and criminal charge. You will need to establish a number of factors in your petition, including the steps you have taken toward rehabilitation, your lack of subsequent criminal history, and why the expungement should be granted by the court. A judge [...]

In order for the police to search the trunk of your vehicle for marijuana without a warrant, they would need to establish probable cause to believe that marijuana will be found in the trunk. One way for the police to establish probable casuse for the search of your trunk would be to observe marijuana or paraphernalia in plain view inside the passenger compartment of the vehicle. This observation alone would allow police to search the entire vehicle, [...]

If you have been convicted or adjudicated delinquent of a controlled substance crime in Minnesota, you are prohibited for life from possessing, receiving, shipping or transporting a firearm. A controlled substance crime has been defined by the legislature as being a "crime of violence" along with other crimes like murder, assault and criminal sexual conduct. The lifetime prohibition against firearm possession only applies to those persons who have been convicted or adjudicated delinquent of felony level controlled substance crimes. The [...]

The charge of tampering with a motor vehicle is a misdemeanor offense in Minnesota. A person can be charged with the offense for  tampering with or entering  into a car without the owner's permission. We already know what it means to enter into a car, but what does  it mean  to "tamper" with a motor vehicle under Minnesota law? The act of tampering with a motor vehicle  requires some degree of change or alteration to the car,  or some type [...]

I am a private attorney with 28 years of experience in defending  burglary charges. If you have been charged with burglary in Hudson, Wisconsin, you will need an experienced burglary defense attorney to protect your freedom and reputation. The majority of my criminal cases have resulted in a either a dismissal or an acquittal. I achieve these results through hard work, people skills, and an ability to locate and exploit the legal loophole. The outcome in any [...]

I am a private attorney with 28 years of experience in defending drug cases.  If you have been charged with a drug crime in Hudson, Wisconsin, you will need an experienced drug defense attorney to protect your freedom and reputation. The majority of my criminal cases have resulted in a either a dismissal or an acquittal. I have listed below an example of victories I have achieved for  for people charge with controlled substance crimes:• First Degree Controlled Substance Crime [...]

If you operate  a motor vehicle on a  Wisconsin highway with any "detectable amount of a restricted controlled substance" in your blood,  you can be charged with  drugged-driving. Under Wisconsin law, a restricted controlled substance  includes drugs such as cocaine, methamphetamine, heroin and marijuana. You do not have to be driving under the influence of  a restricted controlled substance  in order to be charged with drugged-driving. Any amount of THC or other restricted controlled substance found in the  bloodstream of even a sober driver will subject the person to potential criminal [...]

On your first felony court appearance in Minnesota, you will be advised by the judge of the nature of the charge. If you have not previously received a copy of the criminal complaint, you will be given a copy at the first appearance. The judge will tell you  that you are not required to say anything or submit to interrogation.  Anything you say in open court that is incriminating could be  used against you at trial.  If [...]

As of April 9, 2012, it just became easier for a person convicted of a crime in Minnesota to seal their criminal past from public view. The Minnesota Court of Appeals has issued a decision granting the district court authority, under the right circumstances, to order the sealing of not only criminal records maintained at the courthouse, but criminal records maintained by the executive branch of government. Executive branch agencies who maintain criminal records include the police [...]

There is an old saying in the law, "He who represents himself has a fool for a client." Just imagine what a prosecutor must be thinking when he encounters a pro se litigant, "This defendant poses no threat to me at trial. I'm going to offer him an unfavorable plea bargain and ask the court to impose jail time." There are many more good reasons to hire an experienced Minnesota criminal defense attorney than bad ones. An [...]

As of April 9, 2012, it just became easier for a person convicted of a crime in Minnesota to seal their criminal past from public view. The Minnesota Court of Appeals has issued a decision granting the district court authority, under the right circumstances, to order the sealing of not only criminal records maintained at the courthouse, but criminal records maintained by the executive branch of government. Executive branch agencies who maintain criminal records include the police [...]

How do the police establish probable cause to search a marijuana grow operation in Minnesota? The investigation of a marijuana grow operation usually begins with information obtained from an informant. An informant is someone who may have a history of providing reliable information to the police in the past and is a part of the criminal underworld. The informant may be facing potential criminal drug charges and has agreed to cooperate with the police in order to [...]

The possession of a small amount of marijuana in Minnesota is only a petty misdemeanor offense. Although a petty misdemeanor is not technically considered a crime, a record of a conviction for the offense is subject to public viewing at any courthouse computer terminal in the State of Minnesota. A small amount of marijuana is defined as weighing 42.5 grams or less. Should you plead guilty to the offense and subject your past to public scrutiny or [...]

If your driver's license has been revoked in Minnesota after a DWI offense, there is a way to quickly reinstate full Class D driving privileges. A first time alcohol offense in Minnesota with an alcohol concentration under .16 requires a 90 day loss of driving privileges. If you were under 21, the revocation period is increased to 180 days. A second alcohol offense within 10 years or a third offense on record requires a one year loss [...]

If you have been charged in Minnesota with the crime of child abuse, you have been accused of one of the most horrific crimes imaginable. The jury will automatically presume you are guilty and will sympathize with the child. You will need to prove your innocence even though the entire burden of proof remains with the prosecution. Often times it will be necessary for you to testify in your defense in order to establish that your character [...]

I am a private attorney with 28 years of experience in defending drug cases in the Twin Cities. If you have been charged with a drug crime, you will need an experienced drug defense attorney to protect your freedom. The majority of my criminal cases have resulted in a either a dismissal or an acquittal. • First Degree Controlled Substance Crime - Dismissed• Fifth Degree Controlled Substance Crime (4 lbs. marijuana) - Stay of Adjudication• Fifth Degree [...]

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 [...]