December 14

Can I Avoid Going to Court Appearances?

If you have an attorney, there are some circumstances where you can avoid going to court (and your attorney appears on your behalf). In almost all misdemeanors, you can avoid going to the first appearance if you sign a waiver for your lawyer. Most first appearances in misdemeanor cases result in simply getting a new…
December 14

How Long Can I Be Held in Jail?

If someone is arrested without a warrant, they must be charged or released after a certain period of time. The general rule is that the person must be brought before a judge 36 hours after being arrested. Minn. R. Crim. P. 4.02, subdiv. 5(1). The 36 hours begins on midnight following the arrest and pauses…
October 22

Warrant Needed to Offer Blood Test in DWI Cases

A Minnesota Court of Appeals case just came down addressing blood tests in DWI cases. In State v. Trahan, decided on October 13, 2015, the facts are near identical to Ms. Willis. Trahan was stopped for erratic driving and speed. State v. Trahan, A13-0931, 2015 WL 5927980, at *1 (Minn. Ct. App. Oct. 13, 2015)…
April 30

Solicitation of a Child

Solicitation of a Child Charge Must Arise to the Level of Probable Cause When the Minnesota government charges a criminal defendant with Solicitation of a Child to Engage in Sexual Conduct, they must have probable cause that the crime was committed. The statute states: A person 18 years of age or older who solicits a…
March 31

Minnesota Criminal Sexual Conduct Case

Mistake of Age Defense in Minnesota Criminal Sexual Conduct Cases Under Minnesota criminal law, some criminal sexual conduct offenses allow the “mistake of age” defense, which means that the defendant can claim he’s not guilty because he believed the victim to be of the legal age of consent. Other criminal sexual conduct offenses do not…
March 1

Technology in Criminal Defense Lawyers’ Trials

Criminal defense lawyers are constantly trying to find ways to keep a jury’s attention during trials. In our technologically-saturated world, criminal defense lawyers are not utilizing technology to its fullest extent. Our firm is using a program called TrialDirector during our jury trials. We, criminal defense lawyers, have used it in a Hennepin County Domestic…
February 13

“Possession” of Drugs Does not Mean Drugs in Your System

A driver can be charged with a DWI involving drugs. Minn. Stat. § 169A.20, subdiv. 1 states: Driving while impaired crime; motor vehicle. It is a crime for any person to drive, operate, or be in physical control of any motor vehicle, as defined in section 169A.03, subdivision 15, except for motorboats in operation and…
February 13

McNeely / Brooks Update

Two cases have recently rocked the criminal law world. See here for information about McNeely and Brooks. For an example of these cases, see State v. JMM. The result of Brooks is that the Implied Consent Advisory, which states “refusal to take the test is a crime,” does not in and of itself invalidate consent….
February 13

War on Drugs: Is It Worth It?

Our office has handled many drug cases. We’ve handled everything from simple possession of marijuana (sometimes a petty misdemeanor, sometimes a felony) to huge drug conspiracies. See some of our drug cases: State v. BVD, State v. MR, State v. TJ, State v. AM, State v. JHS, State v. G, State v. O, State v….
November 26

Connection of Criminal Defense to . . . Part III: Personal Injury Law

Like other areas of law, criminal defense sometimes overlaps with other fields, such as personal injury. Many criminal charges may result in the alleged victim commencing a personal injury case against you. This is especially true when your alleged actions land the supposed victim in the hospital, where the bills may be quite expensive. Unlike…
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