Blog – Robert J. Shane
Minneapolis Strangulation Attorney
The crime of domestic assault by strangulation is a serious felony level offense in Minnesota. Strangulation means "intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another." See Minnesota Statutes Section 609.2247. Strangulation can occur in three ways: (1) manual which is accomplished by the use of the hands; (2) ligature which involves the use of a rope or cord; and (3) [...]
Do Police Have to Inform You about an Arrest Warrant?
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 [...]
Can I Get a DWI while Parked in My Driveway?
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 [...]
What to Do When There is a Warrant for Your Arrest
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? T...
What to Do When There is Warrant Out for Your Arrest
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 [...]
Can I Get a Constructive Possession Case Dropped?
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 [...]
Will I be Required to Submit to Drug Testing at My First Court Appearance?
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 wo...
Will I Be Drug Tested at My First Court Appearance for a Drug Crime?
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 [...]
Are Police Required under Minnesota Law to Leave a Copy of the Search Warrant Affidavit?
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 [...]
Minnesota Vehicle Forfeiture Law
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 [...]
Do I Have to Produce My ID on a Traffic Stop?
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 [...]
Minnesota Intoxication Defense
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 [...]
How Long Can I Be Held in Jail After My Arrest for a Probation Violation?
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 [...]
Should I Disclose My Identity to Police if I am Suspected of Minor Consumption?
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 [...]
Does the Testimony of an Alleged Rape Victim Need to Be Corroborated in MN?
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 [...]
When Should I Turn Myself in on a Minnesota Probation Violation?
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 [...]
What is Considered Constructive Possession during a Search Warrant?
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 [...]
Minnesota Law: Fleeing a Police Officer in a Motor Vehicle
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 [...]
Can I File for an Expungement in a Felony Drug Case?
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 [...]
When Can Police Search My Trunk for Marijuana?
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, [...]
Can I possess a gun if I have been convicted of a drug offense in Minnesota?
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 [...]
When Can I be Charged with Motor Vehicle Tampering in Minnesota?
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 [...]
Hudson Wisconsin Burglary Defense Attorney
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 [...]
Hudson Wisconsin Drug Defense Attorney
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 [...]
Wisconsin Drugged-Driving Defense Attorney
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 [...]
