Blog – Robert J. Shane

The Minnesota Court of Appeals has upheld the use of a GPS tracking device to catch a burglary suspect. In State of Minnesota vs. Sin Santo Bad, the Sherburne County Sheriff's Department obtained permission from the suspect's employer to attach a GPS tracking device to a company pick-up truck. The suspect was hired to deliver scrap metal and garbage to a landfill. Police used the GPS tracking device to monitor the suspect driving the company pick-up into [...]

If you are convicted of a subsequent DWI offense in Minnesota, you could be ordered to serve a mandatory minimum jail sentence. For example, a second DWI conviction within 10 years carries a mandatory minimum jail sentence of 30 days. A third DWI conviction within 10 years carries a 90 day jail sentence. What can be done to avoid a mandatory minimum jail sentence in your Minnesota DWI case? There is a statutory exception to the mandatory [...]

Can a passenger in a motor vehicle be arrested for unconcealed contraband? Yes, police are authorized to arrest a passenger for possession of contraband found in plain view. When a passenger is seated close to contraband found in plain view, it can be infered that the passenger knew about the contraband and had the intent and ability to exercise dominion and control over it. Under Minnesota law, this is know as the doctrine of constructive possession. A [...]

It's a misdemeanor offense in Minnesota for a driver to possess more than 1.4 grams of marijuana in the passenger compartment of a motor vehicle. It's only a petty misdemeanor offense for the same driver to possess 42.5 grams of marijuana or less in the trunk of a motor vehicle. A petty misdemeanor is considered a noncriminal offense in Minnesota subjecting the violator only to a fine not to exceed $300.00. A passenger who possesses 42.5 grams [...]

In Minnesota, a third party can consent to a warrantless police search of your apartment only if the person has the right to mutual use and joint access to the premises. A roomate, for example, would have the authority to consent to a warrantless police search of your apartment.A landlord, on the other hand, does not have the authority to consent to warrantless search of your apartment by the police. This is because a landlord does not [...]

If you are a minor and are suspected of having taken a controlled substance, you have no legal obligation to submit to drug testing at the request of a police officer. The police are only interested in gathering evidence to use against you in a minor consumption criminal case.

If you have been convicted of a misdemeanor or felony offense in Minnesota, a judge will place you on probation for a certain period of time. If the offense was for a first time DWI, probation is typically for one to two years. Felony probation can last much longer. A judge may impose some executed jail time as a part of the sentence and then stay the execution of the balance of the jail sentence on certain [...]

A subpoena is a court order to appear and testify in court. You are obligated to remain in court until such time as you are excused by either the prosecutor or the Court. If you fail to obey a validly served subpoena, you may be subject to penalties for contempt of court. A subpoena can be validly served by hand delivering a copy to the person named in the subpoena or by leaving a copy of the [...]

What should you do if you think a warrant may have been issued in Minnesota for your arrest? The first step is to call the warrant office of the sheriff’s department in the county where the offense occurred and make the necessary inquiries. You will need to provide your full name and date of birth to the warrant officer. If the warrant information cannot be provided to you over the phone, you could have a friend or [...]

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 [...]