No, the police are not required to inform a criminal suspect about the existence of an outstanding warrant for his or her arrest. Prosecutors will usually request an arrest warrant when charging out a more serious case like aggravated assault or first degree controlled substance crime where the suspect poses a serious threat to public safety, or in situations where the accused has a [...]
Yes, this is what is called a physical control case. If you were under the influence of alcohol or tested above the legal limit, and were in a position to start the engine and operate the vehicle, you can be charged and convicted of a DWI. It doesn't matter that you never intended to start [...]
When you first find out that a warrant has been issued for your arrest, you become scared and don't know what to do. The police have been coming over to your house or apartment, knocking on the door and asking questions. What steps should you take? The first step is to meet and retain an experienced Minnesota [...]
Question Detail: I was in the passenger seat of my friend's vehicle while he was pulled over for taking an illegal right turn on a red. Police smelled marijuana. My friend said the car was his and anything in it was his. They searched the car and found marijuana, a grinder, and a bowl. Since [...]
If you have been charged with a controlled substance offense and are making your first court appearance, the judge may order as a condition of your release that there be no use or possession of drugs and that you submit to random drug testing. You would be required by probation to submit to random urinalysis to determine if there is a detectable amount of controlled [...]
Police are not required by Minnesota law to leave behind a copy of the affidavit establishing probable cause for the issuance of the search warrant for your home. Police are only required to leave a copy of the search warrant and an inventory of items seized from the residence. A copy of the search warrant affidavit establishing probable cause [...]
Has your car been seized by the police for forfeiture? If so, you may have a valid defense to the forfeiture proceeding. My advice is to meet with an experienced forfeiture defense attorney to review the facts of your case and discuss possible defenses. Please be advised that there is a statutory time limit for [...]
The question often comes up about whether or not a person is required to produce identification when requested by a police officer after a traffic stop. The answer to the question depends on whether or not the stop of you car was legal. If the stop of your car was not supported by a reasonable suspicion of criminal activity, the officer has no legal [...]
The majority of crimes in Minnesota require the prosecution to prove that you had a particular intent or state of mind at the time the crime was committed. Burglary, for example, requires the prosecution to prove that you entered a dwelling without the consent of the owner and with the intent to commit a crime. When intent or [...]
When you are arrested in Minnesota for a probation violation, you must be brought in front of a judge within 36 hours, exclusive of the day of arrest. The judge may release you pending a probation revocation hearing, but there is no absolute right to bail. If you remain in custody, a revocation hearing must be held within 7 [...]
