A police officer cannot pull you over for no reason. The officer must have some reasonable suspicion of criminal activity before he can stop your car. This standard is less than the probable cause required for an arrest but more than "a mere whim, caprice or idle curiosity." Under Minnesota case law, the basis for [...]
No, police are not authorized to search your car on the sole grounds that the owner has a prior drug conviction. In order to justify a warrantless search of a car for drugs, police will need to establish probable cause to believe that drugs are located inside the car. The officer could establish probable cause [...]
Yes, two people can be charged with possession of the same drug under the legal theory of constructive possession. For example, if the police found a rock of crack cocaine on a coffee table during the execution of a search warrant, and you and a friend were found seated around the table, you could both [...]
If you have been falsely accused of stealing on the job, your best defense is to hire an attorney now for pre-charge legal representation. If you are absolutely innocent, it may be to your advantage to fully cooperate with the police investigation. By giving a statement to the police and consenting to a search of [...]
You will want to immediately retain experienced defense counsel to defend your freedom and reputation. While the case is being investigated, you should not interview with any police officer or investigator. You are at risk for being charged with malicious punishment of a child and domestic assault. By hiring an attorney early on in the [...]
Yes, you can be charged with a DWI for drunk driving on private property. Minnesota DWI laws apply to operating a vehicle while under the influence on private property, lawns, parking lots, lakes and rivers. The courts always interpret the DWI laws liberally in favor of public safety. The DWI charge could still be dismissed [...]
Yes, you can be recharged with a felony after the charge has been dismissed. Often times a prosecutor will dismiss a felony charge on his own motion for lack of evidence or due to missing witnesses making the case more difficult to prove at trial. A criminal case can also be dismissed on a defense [...]
Yes, you can be recharged with a felony after the charge has been dismissed. Often times a prosecutor will dismiss a felony charge on his own motion for lack of evidence or due to missing witnesses making the case more difficult to prove at trial. A criminal case can also be dismissed on a defense [...]
Yes, minors are entitled to have legal representation in juvenile court. If they are indigent, the court will appoint an attorney to represent them. Minors are entitled to many of the same rights as adults including the right to remain silent and to confront and cross-examine witnesses at trial. These rights are guaranteed to juveniles [...]
If a person is acquitted of a criminal assault charge, he can still be sued for a civil assault arising out of the same set of facts. This is true because the parties are different in both cases. In the criminal case the parties are the State of Minnesota verses the defendant. In the civil [...]
