Blog – Robert J. Shane

The sentencing range for a misdemeanor hit and run conviction is between 0 and 90 days in jail. A person who has prior convictions is more likely to receive a longer jail sentence than someone with a clean record, especially if the prior convictions are for same or similar traffic offenses. There is also a risk that a conviction on the hit and run charge could violate the terms of probation imposed by a judge on a [...]

If you have been accused of child abuse in Minnesota, the first thing to do is to exercise your right to remain silent. Do not discuss the facts of the child abuse allegations with the police or any other person. Whether you are a suspect in a child abuse investigation or a defendant facing a criminal charge, any statement you make is not considered hearsay and can be used against you at trial. In other words, any [...]

Yes, a clean record will help you when facing a felony charge in Minnesota. The judge, prosecutor, and probation officer will all consider the fact that you are a first time offender when determining everything from the plea bargain to the length of the sentence. After a person pleads guilty to a felony or is convicted after a jury trial, the judge will order a pre-sentence investigation report. The probation officer assigned to the case will interview [...]

If you have been charged with felony theft in Hennepin County,Minnesota you may be eligible to participate in a diversion program. If you successfully complete the diversion program, the felony theft charge against you will be dismissed and there will be no conviction on your record. How can I get my felony theft case into a diversion program? You should first retain an experienced Minnesota theft defense attorney. You criminal defense attorney will take the s

If you have been charge with a felony theft offense in Hennepin County, MN, you may be eligible to participate in a diversion program. The diversion program is offered through an organization called Operation De Novo. The successful completion of the diversion program will result in dismissal of the felony theft charge. What are the requirements for admission into the diversion program? First of all you will need to have no prior felony convictions on your record. [...]

If you are charged with petty theft in Minnesota, your case may be eligible for diversion. A diversion is a treatment program available to theft offenders and is an alternative to a conviction. The program requires you to participate in treatment

Police are only required to read the Miranda warning when you are "in custody." A person must be restrained to a degree associated with a formal arrest before you are "in custody." In deciding this issue, Minnesota courts consider whether or not a reasonable person in your place would believe he or she was in police custody. If a reasonable person in your place would believe he or she was in custody, the Miranda warning must be [...]

Police are only required to read the Miranda warning when you are "in custody." A person must be restrained to a degree associated with a formal arrest before you are "in custody." In deciding this issue, the courts consider whether or not a reasonable person in your place would believe he or she was in police custody. If a reasonable person in your place would believe he or she was in custody, the Miranda warning must be [...]

You can be arrested for receiving stolen property in Minnesota if you know, or have reason to know, the property is stolen. You would have reason to know the property was stolen if, for example, you bought a Rolex watch from someone on the street corner for only $75.00 when the watch is worth $500.00. Even if you did not have personal knowledge that the watch was just stolen from a jewelry store, the law imposes criminal [...]

Yes, if you are a defendant charged with a crime in Minnesota, you are entitled by statute to receive a transcript or CD of any statement made by you during the course of a police interview. Your criminal defense attorney will obtain a copy of the confession by making a written request to the prosecuting attorney for the disclosure of all evidence in the case including any statements made by the defendant and any other witness.If you, [...]

If you are convicted of forgery in Minnesota and have no prior record, you could serve anywhere from no jail time to a year and a day at the county workhouse. This is not a prison commit case. Forgery is on the low end of the severity scale since it is considered a property offense and is not treated as seriously as a crime against a person. My advice would be to retain an experienced forgery defense [...]

Yes, you should be able to continue the trial date in your Minnnesota criminal case when you fire your existing attorney and retain new counsel. The new lawyer will need extra time to review the evidence in the case, conduct a thorough investigation, and prepare for trial. The best practice would be for the new lawyer to file a Certificate of Representation with the court administrator and serve a copy of the Certificate on the prosecutor. This [...]

A vehicle search without a warrant is illegal under Minnesota law unless it falls within certain limited exceptions to the warrant requirement. If a car was uninsured, for example, a vehicle search could be justified under the inventory exception to the search warrant requirement. Under this exception, the police do not need to obtain a warrant prior to searching your car. Since a car cannot be driven in Minnesota without valid insurance, the police are allowed to [...]

When you voluntarily go to the police station for questioning, the police have no legal duty to inform you of your right to remain silent or to have an attorney present. Police are only required to read you the Miranda warning when you are in police custody. The police are reluctant to advise you of your Miranda rights when they have no duty to advise you. They know that an experienced Minnesota criminal defense attorney will advise [...]

Before you can be convicted of driving after suspension, a prosecutor will need to prove beyond a reasonable doubt that you knew, or should have reasonably known, that your driver's license was suspended on the date of the offense. The prosecutor can meet this burden of proof by introducing at trial a certified copy of the notice of suspension of driving privileges mailed by the Department of Public Safety to the address listed on your driver's license. [...]

Yes, you can file a petition in Minnesota to expunge a felony theft conviction from your record. The court has the "inherent authority" to grant the expungement petition. You will need to prove to the court at a hearing that the benefit of sealing your criminal record outweighs the detriment to society in not knowing about your criminal past. If you can meet this burden of proof, the court can use its inherent authority to grant the [...]

Minnesota law allows a defendant charged with aggravated assault to assert the right to self defense under certain conditions. Before you may rely on self defense at trial, the law requires that you retreat from the encounter before resorting to the use of force. If it is not possible to retreat from the encounter, you may use a reasonable amount of force to defend yourself. Depending on the facts of the case, a person may have been [...]

My advice would be to retain a Minnesota hit and run defense attorney before turning yourself in at the jail. A lawyer will be able to determine whether or not a warrant has been issued for your arrest. If there is an outstanding arrest warrant, the court may have authorized a bail amount. If bail has been set by the court, you should contact a bail bonding company from the comfort of your own home. The bonding [...]

There is an old saying in the law: You can indict a ham sandwich. That's how easy it is for the US Attorney to indict someone for a federal crime. The grand jury meets in secrecy behind closed doors with only the prosecutor and his witnesses. Defense attorneys are not allowed in the grand jury room so government witnesses are never subjected to rigorous cross-examination. The grand jury never hears testimony from a single defense witness. Now [...]

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Leaving the scene of an accident or "hit and run" is a misdemeanor offense in Minnesota. A conviction could result in a sentence of up to 90 days in jail and/or a $1,000.00 fine. Whenever a person is involved in a property damage accident with an unattended vehicle, Minnesota law requires you leave a written notice with your name and address in a conspicuous place on the damaged vehicle. If you fail to do so, you could [...]

My advice would be to hire an attorney to defend your freedom and reputation when charged with a misdemeanor theft crime. Even though the dollar amount of the theft may be low, the negative consequences resulting from a conviction are high. A prospective employer or landlord can easily conduct a criminal history background check and discover your theft conviction. A theft conviction found on your record could cost you your job and limit your housing choices. When [...]

If you fail to complete a condition of probation, such as community service or fine payment, the court can violate your probation and imposes any stayed jail time. Sounds like your case was scheduled for a first appearance on a probation violation. When you miss a court appearance, the judge issues a bench warrant for your arrest. My advice would be to retain counsel and then make arrangements to turn yourself in at the jail on the [...]

The best defense is advise your son not to interview with the police or their investigators. The text message he sent, threatening to stab a girl, qualifies as a terroristic threat. The officer will complete his investigation and submit his reports to the prosecuting authority for review. The prosecutor will make the decision on whether or not to file a petition in juvenile court charging your son with terroristic threats, a felony level offense. The decision will [...]

Yes, you can still be charged with a DWI even when your blood alcohol content is below the legal limit. A DWI charge is a separate offense from a .08 or more alcohol concentration charge. A straight DWI charge does not require the prosecution to prove that your blood alcohol level was at or above the legal limit. A straight DWI charge is a conduct based offense that can be proved at trial through testimony by the [...]