When can police arrest a passenger for being present in a car containing a controlled substance? Let's assume you are a front passenger in a car traveling in Minneapolis and the driver is suddenly stopped by police for a traffic offense. Let's also assume there is methamphetamine and a scale located in the glove box [...]
We are all protected from unreasonable police arrests in this great county of ours by the Fourth Amendment. Police are only allowed to make an arrest without a warrant if the arrest is supported by probable cause. Probable cause only exists when a careful and prudent police officer looking at all the circumstances would have [...]
If you have been charged with a drug or alcohol criminal offense in Minnesota, seeking out prompt treatment with the right provider can make the difference between going to prison or jail and staying free. I have represented many clients over 36 years in practice as a Minnesota criminal defense attorney who have been [...]
It's a crime to drive a car in Minnesota when a person is under the influence of a controlled substance. https://www.revisor.mn.gov/statutes/?id=169A.20. Marijuana is defined in Minnesota as a Schedule I controlled substance. The punishment for a conviction for driving under the influence of marijuana can range from county jail time to imprisonment. [...]
What should you do if you suspect there is an outstanding warrant for your arrest? You may be able to find out if a warrant has been issued for your arrest by searching online in the county where the crime occurred. Many police and sheriff's departments across Minnesota post the names of persons who have [...]
Any person who willfully attempts to evade or to defeat a tax imposed by law is subject to criminal prosecution. A conviction for tax evasion under federal law is a felony offense and carries a fine of not more than $500,000.00 and imprisonment not to exceed 5 years. In order for the federal government to obtain a conviction [...]
Police are required to have a "reasonable, articulable suspicion" of drug-related activity before they will be allowed to walk a trained narcotics-detection dog down the hallway of your apartment building. The Minnesota Constitution protects against unreasonable searches and seizures by the police. Evidence obtained as the result of an illegal search [...]
If your criminal defense attorney is able to suppress the use of the blood, breath or urine test results in your Minnesota DWI case, you will have found the key to winning your case. The use of a chemical test result by the prosecution is critical to a successful DWI prosecution. [...]
In a recent Minneapolis narcotics investigation, officers used a cell phone locator tool to track a drug dealer to his residence. A confidential informant provided police officers with information that a suspect known as "Dennis" was dealing large amounts of powdered and crack cocaine in North Minneapolis. The informant supplied officers with the suspect's cell phone [...]
In a prison commit case, the Minnesota Sentencing Guidelines prescribe a range for the sentence that "is presumed to be appropriate." The idea is to maintain uniformity and proportionality in sentencing for all defendants with similar charges and criminal histories. A district court judge in Minnesota may depart downward from the presumptive guideline prison commit [...]
