Is it possible to be discharged early from probation in a Minnesota criminal case? Yes. I recently represented a client who was discharged early by the judge after serving only 2 1/2 years of a 4 year probationary sentence imposed in a 2nd degree DWI case with a .23 BAC. The client was interested obtaining [...]
The Minnesota Court of Appeals has upheld the use of a GPS tracking device to catch a burglary suspect. In State of Minnesota vs. Sin Santo Bad, the Sherburne County Sheriff's Department obtained permission from the suspect's employer to attach a GPS tracking device to a company pick-up truck. The suspect was hired to deliver [...]
If you are convicted of a subsequent DWI offense in Minnesota, you could be ordered to serve a mandatory minimum jail sentence. For example, a second DWI conviction within 10 years carries a mandatory minimum jail sentence of 30 days. A third DWI conviction within 10 years carries a 90 day jail sentence. What can [...]
Can a passenger in a motor vehicle be arrested for unconcealed contraband? Yes, police are authorized to arrest a passenger for possession of contraband found in plain view. When a passenger is seated close to contraband found in plain view, it can be infered that the passenger knew about the contraband and had the intent [...]
It's a misdemeanor offense in Minnesota for a driver to possess more than 1.4 grams of marijuana in the passenger compartment of a motor vehicle. It's only a petty misdemeanor offense for the same driver to possess 42.5 grams of marijuana or less in the trunk of a motor vehicle. A petty misdemeanor is considered [...]
In Minnesota, a third party can consent to a warrantless police search of your apartment only if the person has the right to mutual use and joint access to the premises. A roomate, for example, would have the authority to consent to a warrantless police search of your apartment.A landlord, on the other hand, does [...]
If you are a minor and are suspected of having taken a controlled substance, you have no legal obligation to submit to drug testing at the request of a police officer. The police are only interested in gathering evidence to use against you in a minor consumption criminal case.
If you have been convicted of a misdemeanor or felony offense in Minnesota, a judge will place you on probation for a certain period of time. If the offense was for a first time DWI, probation is typically for one to two years. Felony probation can last much longer. A judge may impose some executed [...]
