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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]