Blog – Robert J. Shane

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 [...]

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 [...]

I am a private attorney with 28 years of experience in defending Minnesota theft charges. If you have been charged with a theft crime, you will need an experienced theft defense attorney to protect your freedom. The majority of my criminal cases have resulted in a either a dismissal or an acquittal. • Misdemeanor Theft - continued for dismissal• Felony Theft over $2,500.00 - continued for dismissalI achieve these results through hard work, people skills, and an [...]

I am a private attorney with 28 years of experience in defending Minnesota vehicle forfeiture cases. If you have been served with Notice of Intent to Forfeit Vehicle, you will need an experienced forfeiture defense attorney to preserve your investment. I have listed below a recent case result from an attempted forfeiture of a vehicle seized in a drug raid in Dakota County: • Mercedes Benz M-Class with Market Value 30K - forfeiture proceeding dismissed for failure [...]

I am a private attorney with 28 years of experience in defending Minnesota probation revocation cases. If you have been served with a notice of probation revocation, you will need an experienced probation revocation defense attorney to protect your freedom. I have listed below a recent case result in the defense of a probation revocation case.• Felony DWI probation revocation petition filed in Anoka County (second violation with a positive UA for ETOH) petition dismissed with no [...]

I am a private attorney with 28 years of experience in defending Minnesota burglary charges. If you have been charged with burglary, you will need an experienced burglary defense attorney to protect your freedom. 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 criminal case cannot be [...]

I am a private attorney with 28 years of experience in defending Minnesota probation revocation cases. If you have been served with a notice of probation revocation, you will need an experienced probation revocation defense attorney to protect your freedom. I have listed below a recent case result in the defense of a probation revocation case.• Felony DWI probation revocation petition filed in Anoka County (second violation with a positive UA for ETOH) petition dismissed with no [...]

I am a private attorney with 28 years of experience in defending Minnesota vehicle forfeiture cases. If you have been served with Notice of Intent to Forfeit Vehicle, you will need an experienced forfeiture defense attorney to preserve your investment. I have listed below a recent case result from an attempted forfeiture of a vehicle seized in a drug raid in Dakota County: • Mercedes Benz M-Class with Market Value 30K - forfeiture proceeding dismissed for failure [...]

I am a private attorney with 28 years of experience in defending Minnesota assault charges. If you have been charged with an assault crime, you will need an experienced assault defense attorney to protect your freedom. The majority of my criminal cases have resulted in a either a dismissal or an acquittal. • Third Degree Felony Assault: (victim lost two front teeth) felony charge amended to a gross misdemeanor - 50 hours community service.I achieve these results [...]

I am a private attorney with 28 years of experience in defending Minnesota sexual assault charges. If you have been charged with a sexual assault crime, you will need an experienced sexual assault defense attorney to protect your freedom. The majority of my criminal cases have resulted in a either a dismissal or an acquittal. • First Degree Criminal Sexual Conduct - dismissed• Fourth Degree Criminal Sexual Conduct - acquittalI achieve these results through hard work, people [...]

I am a private attorney with 28 years of experience in defending Minnesota theft charges. If you have been charged with a theft crime, you will need an experienced theft defense attorney to protect your freedom. The majority of my criminal cases have resulted in a either a dismissal or an acquittal. • Misdemeanor Theft - continued for dismissal• Felony Theft over $2,500.00 - continued for dismissalI achieve these results through hard work, people skills, and an [...]

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 [...]

If you are arrested in Minnesota without a warrant, you must be brought before a judge without unreasonable delay and not more than 36 hours after your arrest. The 36-hour rule does not include the day of your arrest, Sundays, or legal holidays. For example, if you are arrested on a Saturday, the 36-hour rule does not require a court appearance before a judge until Tuesday at noon. The rule excludes the day of your arrrest, Saturday, [...]

If you are arrested in Minnesota without a warrant you must be brought before a judge within 36 hours.

Is it possible to be discharged early from probation in a Minnesota criminal case? Yes. I recently represented a client who was discharged early by the judge after serving only 2 1/2 years of a 4 year probationary sentence imposed in a 2nd degree DWI case with a .23 BAC. The client was interested obtaining an early discharge from probation in order to enroll in an out of state college. All of the conditions of his probation [...]