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 [...]
If you have been charged in Minnesota with gross misdemeanor soliciting prostitution in a public place, you may have an excellent defense. The typical fact pattern involves the police setting up a sting operation where they create a fictional "prostitute" with a pretty name like "Brittany." Brittany then posts an online advertisement offering to perform [...]
If you have been convicted in Minnesota for the offense of felon in possession of a firearm for possessing a BB gun, you may be entitled to compensation for any time you served in prison or the county jail. The Minnesota Supreme Court has ruled that you can not be convicted [...]
If you are stopped for a traffic or equipment violation, you may end up with more than a citation. A police officer who is trained in drug recognition may notice certain symptoms that indicate recent drug use. If you display these symptoms, you could be arrested for driving under the influence of a controlled substance. [...]
I defended a case recently in Mille Lacs County, Minnesota where my client was charged with a felony DWI offense. This was a 42 month prison commit case upon conviction as he had a prior felony DWI conviction from 13 years ago. The case was weak from a defense standpoint. Our best option was to [...]
The charge of felony strangulation is a serious offense in Minnesota as the crime places the life of the victim at risk. Strangulation is defined as the intentional impeding of breathing by applying pressure to the neck or throat or by blocking the nose or mouth of another person. https://www.revisor.mn.gov/statutes/?id=609.2247. The neck is a vulnerable place for [...]
Before police are allowed to search your cell phone, they must first obtain a search warrant from a judge based on a probable cause determination. The probable cause requirement means that there must be a fair probability that evidence of a crime will be found in the contents of the cell phone. In other words, there must be a [...]
When can police conduct a pat-down search of your person? Let's assume you were driving your car on a Saturday night in downtown Minneapolis and just made wide turn with a squad car trailing directly behind you. You happen to be carrying a hard cigarette pack containing a small baggie of crystal methamphetamine in your right [...]
CONSENT SEARCHES. You may be asked by a police officer to consent to the search of your person, home, or car. What should you do? Just say no. DO NOT sign a Consent to Search form. The police will make all kinds of dire threats to gain your consent to search, such as: (1) we [...]
What's the law in Minnesota about carrying a pistol in a motor vehicle while under the influence of alcohol or a controlled substance? If you have a permit to carry and the pistol is located on or about your person or clothing, it's a misdemeanor for a first time offense. A second or subsequent offense [...]
