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How Does the Prosecution Prove Criminal Intent
The intent or state of mind of a criminal defendant is generally proved using circumstantial evidence. This proof is required when specific intent crimes are charged in a criminal prosecution, such as the crime of domestic assault-fear, which requires the state to prove the defendant committed “an act with intent to cause fear in another [...]
Quick Change Artist Case
I recently defended a client charged with Aiding and Abetting First Degree Robbery. Upon conviction, this case was a presumptive prison commit. The scheme was to lure the victim to an address on the pretext of wanting to buy vape cartridges loaded with THC. The victim arrived in her car at the predetermined location and [...]
Passenger Arrested in a Car Containing a Controlled Substance
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 [...]
When Can the Police Arrest You without a Warrant?
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 [...]
How Treatment Improves the Outcome in a Criminal Case
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 [...]
Driving Under the Influence or Marijuana in Minnesota
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. [...]
When Can Police Walk a Narcotics Detection Dog Down the Hallway?
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 [...]
The Best Defense in a MN DWI Case
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. [...]