Recent Blog Posts

Guess What? - It's a Crime to Expose Yourself in Public

Minneapolis Criminal Lawyer — Fri, 30 Mar 2012 05:55:00 GMT

A man was recently charged with Indecent Exposure in the twin cities metro area. The man is accused of unzipping his pants on a public street and exposing his genitalia to a woman after leaving a bar. The man and woman met at a bar, following their time at the bar, the man said he would walk the woman to her car. As the man was walking her to her car, the man allegedly unzipped his pants and exposed himself and then attempted to kiss the woman. The woman fled to her car. Following the incident, the woman called a friend and then contacted police. The police investigated the allegations and referred the case to the city attorney who subsequently filed a charge of Indecent Exposure against the man.

The crime of Indecent Exposure can be charged as a Misdemeanor, Gross Misdemeanor, or Felony in Minnesota. A person can be charged with Indecent Exposure if in a public place, or anywhere other people are gathered, the person willful or lewdly exposes their body or their private parts, or has another person do the same, or conducts any other public indecency. The penalty in Minnesota for a Misdemeanor is up to 90 days in jail and or a fine of up to $1,000. A second conviction for Indecent Exposure can be a Gross Misdemeanor and is punishable by up to one year in jail and or a fine of up to $3,000. A third or additional convictions for Indecent Exposure can be a Felony and carries a sentence of up to five years in prison and or a fine of up to $10,000.

The scope of the Indecent Exposure law in Minnesota covers a wide range of conduct. Therefore, the next time you think it is a good idea to expose yourself in public, or in a gathering of other people, you should think twice and remember that the penalties associated with a conviction for Indecent Exposure are serious.

What does this mean for me?

If you are facing or think you may be charged with Indecent Exposure, it is important to contact an experienced St. Paul Criminal Defense attorney for a free consultation.

Don't Provide a Cop a False Name And Then Try to Get Away - It's a Crime!

St. Paul Criminal Lawyer — Wed, 28 Mar 2012 05:35:00 GMT

A man north of Minneapolis recently pled guilty to providing a false name to a police officer, a Gross Misdemeanor, andfleeing on foot, a misdemeanor. The man was under 21 years of age and attempting to use another person's identification to enter a bar. A police officer who was working door noted inconsistencies between the photo on the identification and the man. The officer asked the man his name. The man initially stated that his name was that listed on the identification, but later partially gave the officer his real name. However, the man then tried to run from the officer, as well as the officers that he ran into and subsequently took the man into custody.

In Minnesota, providing a false name to a police officer is a Gross Misdemeanor carrying a penalty of up to one year in jail and or a fine of up to $3,000. In addition, fleeing the police on foot can be charged as obstructing legal process and can be charged as a felony carrying a sentence of up to five years in prison and or a fine of up to $10,000.

While trying to get into a bar with your friends while underage seems harmless enough, it can easily spiral into a situation carrying serious criminal charges and consequences.

What does this mean for me?

If you have been or expect to be charged for providing a false name and or obstructing legal process, It is in your best interest to contact an experienced Criminal Defense attorney for a free consultation.

Large Increase In Felony Prosecution For Crimes Involving Prescription Drugs

St. Paul Criminal Lawyer — Sat, 24 Mar 2012 04:50:00 GMT

Eastern metro counties increased the number of felony prosecutions involving prescription drugs. Dakota County alone saw an almost 40% increase in felony prosecutions involving prescription drugs. As a result, Dakota and other counties are starting to pay more attention to prescription drug abuse. Hennepin, Ramsey, Dakota, and Washington counties have all adopted programs dedicated to prescription drug abuse.

Minnesota defines a felony as a crime punishable by more than one-year in prison. Prescription drugs are treated similarly to other illegal drugs. The sentence for a felony drug sale and or possession conviction in Minnesota can include up to 30 years in prison and or $1,000,000 fine. A conviction for drug possession and or sale can also involve collateral costs, such as the suspension of the person's driver's license, vehicle forfeiture, and other consequences.

What does this mean for me?

Prescription drug charges are serious and if you have or will be charged with a felony, it is crucial to contact an experienced Criminal Defense attorney for a free consultation.

Court Considers Challenge to Drunken Driving on Frozen Lake

Minnesota Defense Lawyer — Wed, 14 Mar 2012 19:31:00 GMT

A Wisconsin Appeals Court ruled that drunken driving laws apply even to people driving on a frozen lake.

Todd Anderson was arrested and charged with drunk driving after he was found to have a blood alcohol content of 0.365 while driving an SUV on a frozen lake in January of 2011. According to state statute, Wisconsin drunken driving laws apply to "premises open to public motor vehicle use." The judge reasoned that a frozen lake was not a premise open to public motor vehicle use, and dismissed the charges against Anderson.

The State appealed the judge's dismissal order, and the Appellate Court determined that "premises" is a vague term and, as such, includes lakes. Therefore, the case has been remanded back to district court.

If you or a loved one are facing DWI or DUI charges, it is important to have an attorney on your side to advise you and fight for your rights. Contact Twin Cities Defense today to set up a free consultation.

DWIs - They Don't Just Mean Drinking & Driving

Minneapolis Criminal Lawyer — Fri, 02 Mar 2012 17:30:00 GMT

Earlier this week a man from the Minneapolis / Saint Paul area was sentenced for more than 33 months in prison and a fine of $1,000 for DWI and drug possession. The man pled guilty to DWI and Second Degree Drug Possession. The man was pulled over for failing to turn off his high-beam headlights for an oncoming vehicle. Once the man was on the side of the road, he could not provide his proof of insurance to the officer, the man was acting nervous and gave contradicting information to the officer. The officer suspected the man of being under the influence of methamphetamine. The man agreed to a pat down search, during the course of which the officer discovered various prescription drugs and drug paraphernalia. A subsequent search of the man's vehicle discovered over 10 grams of methamphetamine, additional prescription pills, hypodermic needles, and roughly $1,000 in cash. The man was arrested and charged with Second Degree Possession and DWI; all other charges were later dismissed.

A person can be charged with DWI in Minnesota when they are driving/operating or otherwise in physical control of a motor vehicle while under the influence of a controlled substance. The potential penalties for DWI while under the influence of a controlled substance include: jail, fine, forfeiture of the vehicle, loss of driving privileges, increased motor vehicle insurance costs, and other collateral costs. Minnesota does limit the amount of time within which you have to contest the loss of your driving privileges and / or the forfeiture of the vehicle, so it is important to understand your rights and take action in a timely manner.

Additionally, under Minnesota law a person can be charged with Second Degree Drug Possession when they possess 6 or more grams of methamphetamine, cocaine, or heroin. The associated potential penalty is a felony conviction with imprisonment of up to 25 years and /or up to $500,000 fine. If it is a subsequent controlled substance conviction, the penalties increase to a mandatory minimum imprisonment of 3 years, up to a maximum of 40 years imprisonment, and a fine of up to $500,000.

What does this mean for me?

The charges of DWI and drug possession carry serious consequences. If you have or will be charged with DWI or drug possession, it is important to contact an experienced Minneapolis Criminal Defense attorney for a free consultation.

Predatory Reqistration May Not be Required for Out-of State Conviction

Twin Cities Criminal Defense Attorney — Thu, 01 Mar 2012 07:15:00 GMT

An unpublished Minnesota Court of Appeals case filed February 21, 2012 that resulted in a reversal and remand because the record surrounding the Defendant's plea wasn't properly developed brought forth an interesting distinction for in-state vs. out-of-state predatory offenses.

The case, State of Minnesota v. Gary Lee Hanson involved a 1996 conviction from California. Hanson was charged with rape, misdemeanor indecent exposure, and first-degree burglary. The rape charge was dismissed, but Hanson was convicted of misdemeanor indecent exposure and first-degree burglary. When Hanson moved to Minnesota in 2004, he registered with the Minnesota Bureau of Criminal Apprehension (BCA) as a predatory offender. He was incarcerated for a different offense committed in Minnesota in 2009, and when he was paroled in January of 2010, Hanson registered his change of address with the BCA. Hanson moved into a halfway house in April of 2010 but did not register the halfway house as his new address. Hanson was reported and charged as an unregistered predatory offender.

In Minnesota, predatory offenders are required to register any new address with the local law enforcement, the offender's corrections officer, and the BCA five days before the offender begins living at the address. Registration periods vary depending on the severity of the offense and the person's sentence, but registration is required for a 10-year minimum period to lifetime. Failure to register or to update registration records typically results in an additional five year registration requirement as well as potential incarceration for up to 2-years.

Hanson plead guilty to the unregistered predatory offender charge. While entering the plea, Hanson admitted that he knew he was required to register as a predatory offender and that he had not done so. The Court of Appeals reversed the conviction and remanded the matter back to the district court because there was no verification prior to Hanson entering the plea that he was even required to register as a predatory offender. The district court, the State, and even Hanson simply assumed he was required to register as a predatory offender.

In Minnesota, a predatory offender registration is required if there was a conviction that arose out of the same set of circumstances as a charged offense that requires registration. Presumably all parties assumed registration was required because if Hanson had been charged in Minnesota, he would have been required to register as a predatory offender. The misdemeanor indecent exposure conviction does not require registration, but because the conviction arose out of the same set of circumstances as a rape charge that does require registration, registration would have been required even though the rape charge was dismissed.

The way Minnesota statues are written, the requirement for predatory offender registration for out-of-state convictions arising out of the same set of circumstances does not apply. If a person is charged out-of-state with a crime that requires predatory offender registration, but is convicted of another charge not requiring registration, the person may not necessarily be required to register even though the conviction arose out of the same set of circumstances. Rather, the courts are required to compare the elements of the out-of-state offense with Minnesota law to determine if registration is required. The district court in Hanson's case did not make specific findings as to whether he was required to register for the out-of-state conviction. Therefore, the Court of Appeals allowed Hanson to withdraw his plea, thereby reversing his conviction. The case was sent back to the district court to determine if Hanson is required to register as a predatory offender.

Charges requiring predatory offender registration even when dismissed may still require registration. Do not be caught off-guard, contact a knowledgeable Twin Cities criminal defense attorney for a free consultation.

What is Ignition Interlock?

Minneapolis Criminal Lawyer — Mon, 27 Feb 2012 18:50:00 GMT

Why is Ignition Interlock Important?

Effective July 1, 2011 the Minnesota Legislature modified the driver's license penalties associated with alcohol offenses. The duration of time that a driver's license can now be taken away has greatly increased. However, the legislature did create an alternative means by which offenders can regain the use of their driver's license – namely Ignition Interlock.

What is Ignition Interlock?

It is a device installed in your vehicle near the steering wheel and connected to the engine in order to measure your alcohol concentration level. The ignition interlock requires any driver of the vehicle to blow into the device prior to starting the vehicle. The device measures the alcohol concentration of the driver. Your vehicle will not be allowed to start without a passing result. Therefore, if the driver attempting to start the vehicle has been drinking the vehicle will not start. The ignition interlock is also set up to collect random breath samples from the driver while the vehicle is being driven. The device will beep and the driver is required to provide a breath sample; if alcohol is detected, then a violation is recorded and sent to the Minnesota Driver and Vehicle Services.

How long will I need to be on Ignition Interlock?

The duration of time that a person is required to be on Ignition Interlock depends on how long the offender's driver's license has been or will be taken away, as well as the number of prior alcohol related offenses on the offender's record. The following tables provide a summary of the time requirements. The durations noted are measured from the date that the limited use license has been issued.

Restricted License with Ignition Interlock Note: The DVS may extend the time for violations. The last 90 days on Ignition Interlock must not have any recorded violations.
	1st Alcohol Related Offense		2nd Alcohol Related Offense in 10 Years or 3rd Alcohol Offense on Record
Under 0.16 Alcohol Concentration		90 days/180 days if under age 21	1 year
0.16 or over Alcohol Concentration		1 year	2 years
Alcohol Concentration Test refusal		1 year	2 years

Canceled and Denied as Unfavorable to Public Safety Note: The DVS may extend the time for violations.
3rd Alcohol Related Offense in 10 Years or 4th on Record	3 years Total - 1 year limited license; then 2 years on a restricted license
4th Alcohol Related Offense in 10 Years	4 years Total - 1 year limited license; then 3 years on a restricted license
5th and or Subsequent Alcohol Related Offense	6 years Total - 1 year limited license; then 5 years on a restricted license

What is the process for signing up for Ignition Interlock?

An offender who has had their license taken away due to an alcohol related offense(s) must meet the following criteria:

18 years of age or older
Have a driver's license
Own and or drive a vehicle that can be operated with a Class D license without any other endorsements required.
- The Ignition Interlock device cannot be installed on rental vehicles, recreational vehicles, motorcycles, mopeds, or scooters.
Have valid insurance and provide a Certificate of Insurance for the vehicle(s) to be equipped with Ignition Interlock.
- The vehicle identification number (VIN) on the Certificate of Insurance must match the VIN for the vehicle(s) to have the Ignition Interlock.
License must not currently have a license taken away by another state.
Complete, sign, and date the Application for Ignition Interlock Limited License.
Complete a chemical assessment
Enroll in a treatment or other program – If required or otherwise ordered.
Complete, sign, and date the Last Use Statement.
Pay and provide a copy of the receipt for the driver's license reinstatement fee.
Pay and provide a copy of the receipt for the driver's license application fee.

Once you have met and provided the documentation required above, and the DVS approves the installation, you will then need to select an Ignition Interlock device provider. The DVS has certified 6 providers: LifeSafer Interlock, Inc. (www.lifesafer.com - (800) 745-0331); 1A Smart Start (www.smartstartmn.com - (952) 224-7050); B.E.S.T. Labs, Inc. (www.1callinterlock.com - (855) 800-3748); Draeger Safety Diagnostics, Inc. (www.dsdi-interlock.com - (800) 332-6858); Consumer Safety Technology, Inc. (www.intoxalock.com - (877) 777-5020); and Guardian Interlock (www.guardianinterlock.com - (800) 499-0994). After selecting an Ignition Interlock provider, you will need to set up an appointment to have the device installed on the vehicle(s). The Ignition Interlock provider will provide training to all drivers of the vehicle(s).

Your limited license will be issued by the DVS once the Ignition Interlock device has been installed on the vehicle(s). However, it is your responsibility to ensure that your driver's license status has been properly updated to allow you drive and you have received a copy of the limited use license. You can check your driver's license status online at www.mndriveinfo.org.

What are the ongoing obligations once the Ignition Interlock device is installed?

The Ignition Interlock device gathers and stores the data from breath tests, any violations, and how often the vehicle has been used. The Ignition Interlock lock must be serviced on a monthly basis. However, if you select a wireless device, then the device only needs to be serviced every 60 days. The service appointments include:

Data will be downloaded from the device (wireless device data is transmitted daily);
The Ignition Interlock device will be checked for tampering or other misuse;
The device will be calibrated to ensure proper testing.

You may be required to report to the device provider prior to your next scheduled 30 or 60 day service appointment for an early recall if one or more of the following occurs:

2 or more start-up lockouts resulting from failed alcohol tests;
2 or more failures to re-test resulting from a start-up lockout resulting from failed alcohol tests;
1 failed re-test resulting from a positive alcohol test;
Recorded violation (including tampering, illegal start violation, etc.); or
Ignition Interlock device malfunction.

If you are required to return to the device provider for an early recall, you will generally have 5 days to return to the device provider. However, if you fail to return to the device provider for the early recall, then the device may lockout permanently requiring you to pay to have the vehicle towed to the device provider and/or pay for an emergency override.

How Much Does Ignition Interlock Cost?

The cost for ignition lock varies depending on the provider you choose and the number of vehicles that must be equipped with the Ignition Interlock device. The following provides a general breakdown of the costs associated with the device, but you will need to contact the device provider for the actual cost.

Installation Fee: $100 - $200
Monthly Rental Fee: $60 - $150

There may be additional fees for the maintenance of the device, the downloading/transmitting of the data to the DVS, the removal of the device from the vehicle(s), as well as lockout fees. Contact the provider you intend to use for more information regarding fees.

What does this mean for you?

If you may or have been charged with a crime that could require you to use Ignition Interlock, it is important to contact an experienced Criminal Defense Lawyer for afree consultation. You need an experienced attorney guiding through the court process and fighting to protect your rights.

Police GPS Tracking Device Constitutes Search Says U.S. Supreme Court

Minneapolis Criminal Lawyer — Wed, 15 Feb 2012 09:00:00 GMT

The U.S. Supreme Court ruled in late January that police attachments of GPS-tracking devices to automobiles are considered searches under the Fourth Amendment of the United States Constitution in the case of United States v. Jones.

The Fourth Amendment protects against unreasonable searches and seizures by law enforcement. Law enforcement cannot enter someone's home and begin searching for illegal contraband without obtaining a warrant from a judge or unless there is an exception to the warrant requirement. There are six key exceptions to the warrant requirement

1. Search Incident to Lawful Arrest – if the police have probable cause (meaning it's more likely than not) that the person committed a crime; the person may lawfully be arrested. After the arrest, the police have the right to search the person and any area within the person's reach.

2. Plain View – if the police have a legitimate reason to be somewhere, and they see illegal contraband (typically drugs or weapons) in plain site, they do not need a warrant to seize the contraband.

3. Consent – if the officers are given consent by someone they reasonably believe lives at a residence or is legally entitled to possess the property, they can enter and search without a warrant.

4. Stop and Frisk – if the officer has reasonable suspicion based on the circumstances of a criminal act, the officer can stop and frisk the person. Any evidence obtained from the frisk can be seized without a warrant.

5. Automobile Exception – an officer based on his or her observations may search a car without a warrant as long as there is reasonable suspicion to do so or in cases where the officer stops a car, as long as there is a traffic violation.

6. Emergencies/Hot Pursuit – if it is reasonable for the officers fear the evidence would be destroyed if they waited to obtain a search warrant, no search warrant is required. Also, if the officers are in pursuit of a suspect, they can follow the suspect onto private property without a search warrant even if the suspect has no legal right to be on the private property. Anything found during the hot pursuit can be seized without a warrant.

In the case, police installed a GPS-tracking device to the defendant's vehicle after obtaining a warrant to do so. Evidence of drug trafficking was obtained and used to convict the defendant, but the evidence was obtained after the warrant has expired. The Supreme Court threw out the evidence from the GPS device and reversed the conviction.

The Supreme Court voted unanimously that the GPS attachment was a search, but five of the justices reasoned it was a search because the government physically intruded on private property, and the other four justices said it was a search because it violated "reasonable expectations of privacy."

If you or a loved one have been served with a search warrant and/or were arrested, it is essential that you have a knowledgeable attorney on your side right away. Protect your rights, call Twin Cities Defense before it's too late.

Watch Out - More People Are Being Charged With Felonies

St. Paul Criminal Lawyer — Tue, 14 Feb 2012 20:20:00 GMT

The Dakota County attorney's office recently released a report detailing the number and type of charges that were filed for 2011. The report showed that the number of adults charged by Dakota County with a felony of any type in 2011 increased by 17% when compared to 2010. However, the number of adults charged by Dakota County with felony DWI in 2011 increased by 35% over 2010. The report demonstrates an increase in prosecutions and the level of charges being levied.

In Minnesota, a felony is defined a crime punishable by imprisonment for more than one-year. The charge of felony DWI is punishable in Minnesota by imprisonment for up to seven years and or a fine of up to $14,000. In addition, a conviction of felony DWI requires that a person be sentenced to a minimum of 3 years in prison. Keep in mind that the criminal penalties associated with a DWI are just the beginning. A conviction for DWI can also involve the suspension of the person's driver's license, vehicle forfeiture,increased insurance costs, and other collateral costs.

What does this mean for me?

Felonies are serious charges and if you have or will be charged with a felony, it is crucial to contact an experienced Criminal Defense attorney for a free consultation.

Felony HRO Violation Must be Intentional

Minnesota Criminal Lawyer — Thu, 09 Feb 2012 21:29:00 GMT

A felony conviction for violation of a harassment restraining order (HRO) has to be based on conduct that was intentional.

The Minnesota Court of Appeals reversed and remanded a jury's finding that Todd Bradley Gunderson was guilty of felony violation of a harassment restraining order in a decision filed February 6, 2012 on the basis that the jury was improperly instructed.

Gunderson's mother obtained a Harassment Restraining Order (HRO) against him because of his chemical dependency issues. Gunderson would continually ask her for money, and his mother did not want to have anything to do with him until he got treatment. The HRO was for a two year period from February of 2009 to February of 2011. As part of the HRO, Gunderson was not to not harass his mother, have any contact with her, and was to stay away from her residence.

Gunderson's mother's home was on a ten-acre piece of property. On July 5, 2010, Gunderson was seen on the property in her detached garage which is at least 20 feet from the home. There is also a shed on the property, owned by Gunderson, and where he kept personal belongings. Gunderson's mother was not home during the time he was on her property.

Gunderson admitted at trial that he was in the garage and shed on his mother's property on July 5, 2010 to get some personal items from the shed. Gunderson testified that he thought that the HRO required only that he not contact his mother or go into her home. He said he was not aware that he HRO prevented him from accessing the garage or shed on her property.

Gunderson was charged with gross misdemeanor and felony violations of an HRO under Minn. Stat. § 609.748, subd. 6(c) and § 609.748, subd. 6(d)(1).

The law requires that to be guilty of a felony offense of violation of a harassment restraining order, the person must knowingly violate the order within 10 years of the first of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency. Minn. Stat. § 609.748, subd. 6(d)(1), emphasis added. Gunderson agreed that he had two or more previous HRO violations within 10 years of the July incident.

The jury was instructed by the district court that Gunderson was guilty of HRO if it was found that 1) an HRO was in place preventing him from contacting his mother; 2) Gunderson violated a term or condition of the HRO; 3) Gunderson knew of the HRO; and 4) Gunderson's act took place on or about July 5, 2010, in Cass County. The jury found Gunderson guilty, and he appealed.

The Court of Appeals reversed the jury's findings and remanded to district court for a new trial. The basis of the reversal and remand was that for a felony violation of an HRO, a person must intentionally violate a term or condition of the HRO. The jury was not instructed that they should also determine whether Gunderson knew he was violating the HRO when he was on his mother's property. The Court of Appeals reasoned that the failure to instruct the jury that Gunderson was guilty only if he was found to have acted intentionally may have had a substantial impact on the jury's findings. As such, the Court of Appeals determined that Gunderson was entitled to a new trial in which the jury would get proper instructions for the charged offenses.

A HRO can have long-term consequences. Failure to challenge a HRO will result in a granting of the HRO to the requesting party. A first-time violation of a HRO is a misdemeanor punishable by up to 90 days in jail, a $1,000 fine or both; a second-time violation within 10 years of the first is a gross misdemeanor punishable by up to 365 days in jail, a $3,000 fine or both; and third or more violation within 10 years of the first violation is punishable by up 5 years imprisonment, a $10,000 fine or both.

If you have been served with notice that someone is seeking a HRO against you, it is important that you contact an experienced Minneapolis Criminal Defense Lawyer right away. Ignoring a HRO can have undesirable penalties. Call Twin Cities Defense for a free consultation.

I Was Arrested for DWI - Do I Need a Lawyer?

St. Paul Criminal Lawyer — Fri, 27 Jan 2012 20:28:00 GMT

Nobody wants to see their money go to waste, particularly in a tough economy. If you have been arrested for DWI, you may be asking yourself if it worth spending the money to hire an attorney?

Even if you committed the offense you are charged with, an attorney can be invaluable in helping you mitigate potential consequences and move on with your life.

If you have concerns about whether proper procedure was followed by the police or you want to fight the charges, you should hire an attorney. A DWI conviction will be on your criminal record forever. A DWI also affects numerous other areas – you won't simply be dealing with criminal charges. Whether it's your first offense or you have multiple previous convictions, the State of Minnesota will promptly revoke your driver's license if you are arrested for suspicion of DWI. Depending on your past criminal history, as well as your test results on the current offense, it's possible you may even be facing a cancellation of your driver's license.

Another thing to consider if you are on the fence about hiring an attorney is that if you have previous DWI convictions within the last ten years, there are mandatory minimum penalties with respect to jail time and fines. On a second DWI offense in ten years, you are facing at least 30 days in jail, at least 90 days in jail for a third offense in ten years, and four offenses within a ten year period may result in a felony conviction which can carry prison time. In addition, if you have multiple offenses or your test results are twice the legal limit or higher you will need to deal with a plate impoundment, requiring you to obtain special registration or "whiskey" plates. Like the license revocation, this occurs promptly also. You may also be facing a forfeiture of your vehicle as a result of an offense.

It is important to keep in mind that on the administrative side of things – license revocation or cancellation, plate impoundment, and vehicle forfeiture – there is a limited window of time in which you can challenge these actions. It is all too common for a potential client to wait to meet with a criminal defense attorney until a few weeks or a few days before his or her criminal court date, and to learn that he or she will lose his or her car and have no right to do anything about a license cancellation and plate impoundment because they missed a statutory deadline. Court calendars are busy, which means a person may not be scheduled for court on a DWI charge for months after it occurs. As such, the person has no sense of urgency to speak with a lawyer about his or her options or possible representation. THIS IS A HUGE MISTAKE! By failing to act with urgency, you may risk loss of your property and your rights!

While no attorney can guarantee to get your case dismissed, there are multiple areas a DWI conviction directly affects. As such, it is extremely helpful to have someone knowledgeable on your side to help you navigate through all of the issues that may arise. In addition, a DWI attorney is going to first analyze your case from the standpoint of trying to get the charges dismissed. If dismissal is not possible, then a dedicated DWI attorney can help to get you the best plea agreement possible based on the facts and circumstances surrounding your case. Unfortunately, there is no hard and fast rule as to what to expect as far as disposition goes when a case involves a plea agreement; however, hiring an attorney familiar with Minnesota DWI laws will ensure that your case will be resolved as best as possible under the circumstances. You can rest assured that an informed, third-party rationally analyzed all the facts and advised you properly, thereby erasing the "What if?"

If you are facing DWI charges, you likely have a lot of questions and concerns. Call Twin Cities Defense right away for a free consultation.

The Fourth Amendment Wins

Minneapolis Criminal Lawyer — Wed, 25 Jan 2012 08:20:00 GMT

On Monday, the US Supreme Court decided a case that reinforced the importance of the 4th Amendment to the US Constitution. The Court ruled that the police must have a search warrant to use a GPS tracking device on a vehicle to gather information.

In this case, the defendant was suspected of trafficking drugs. The police obtained a warrant to place a GPS device on the defendant's vehicle for the purpose of obtaining information to be used in building a case against the defendant for trafficking drugs. However, the warrant required the GPS device to be placed on the vehicle within 10 days and within the city limits. The police failed to comply with the warrant requirements. The police waited until the 11^th day from the issuance of the warrant and the device was placed on the defendant's vehicle while it was in a neighboring state. The police then monitored the defendant's movements for the next 28 days. Since the police failed to comply with warrant requirements, the warrant became invalid. As a result, the police were acting without a warrant.

Since the police did not have a valid warrant, the Court had to determine if the use of a GPS device to track the movements of a suspect without a valid warrant was a search in violation of the 4^th Amendment. The 4^th Amendment protects us from unreasonable searches by the government. The Court determined that the government's placement of a GPS device on the defendant's private property for the purpose of obtaining information was a physical intrusion in violation of the defendant's privacy under the 4^th Amendment.

What does this mean for me?

If you have or will be charged with a crime, it is vital to contact an experienced Criminal Defense Attorney for a free consultation. The Supreme Court's ruling emphasizes the importance of having an experienced attorney fighting for and protecting your rights.

Speeding and Possessing a Large Amount of Marijuana

Minneapolis Criminal Lawyer — Tue, 17 Jan 2012 08:40:00 GMT

Earlier this month South Dakota law enforcement officials arrested a man for possession of nearly 980 pounds of marijuana. The man has been charged with Felony Possession of Marijuana, Felony Possession of Marijuana with the Intent to Sell, and Misdemeanor Possession of Drug Paraphernalia.

The man was driving his vehicle when the police stopped him for excessive speed. The police officer's drug sniffing dog conducted a search of the exterior of the vehicle and indicated the presence of drugs. Upon further investigation, the police discovered numerous bails of marijuana hidden in the vehicle. The man was arrested and had his bail bond set at $1,000,000.

If this person were to have been stopped in Minneapolis, Minnesota, he would have faced a Controlled Substance Crime in the First Degree. In Minnesota, a person in possession of 100 kilograms (roughly 220 pounds) or more of marijuana is guilty of a Controlled Substance Crime in the First Degree, a Felony.

The penalties for a Controlled Substance Crime in the First Degree, is imprisonment for up to 30 years and or a fine of up to $1,000,000. However, if the conviction is not your first controlled substance conviction, then the prison term maximum may be increased to up to 40 years and carries a minimum prison term of 4 years. In addition to the criminal penalties, the Commissioner of Public Safety can revoke the offender's driver's license upon being notified of the conviction, if the offense involved a motor vehicle and its driver.

What does this mean for you?

If you may or have been charged with possession of a controlled substance, it is important to contact an experienced Criminal Defense Lawyer for a free consultation. A controlled substance charge can be complex and have unforeseen consequences. You need an experienced attorney guiding through the court process and fighting to protect your rights.

Don't Flee The Police - It's a Felony

Minneapolis Criminal Lawyer — Fri, 13 Jan 2012 23:15:00 GMT

Earlier last week a woman in a western suburb of Minneapolis, Anna Nyenhuis, briefly attempted to evade police with her young daughter in the vehicle. Ms. Nyenhuis has been charged with Felony Fleeing Police in a Motor Vehicle and Gross-Misdemeanor DWI.

The police officer attempted to stop Ms. Nyenhuis when he pulled up behind her vehicle and noticed that the license plates on her vehicle were expired. Ms. Nyenhuis pulled over in a business' parking lot. When the officer stepped up to Ms. Hyenhuis' window, she informed the officer that she did not have a driver's license or the vehicle's registration. The officer instructed Ms. Nyenhuis to stay in her vehicle and the officer returned to his squad car. Ms. Nyenhuis then drove away. After the officer pursued Ms. Hyenhuis for roughly 1 ¼ miles, Ms. Nyenhuis pulled over where she was arrested. Ms. Nyenhuis' minor child was in the car with her. Ms. Nyenhuis took a preliminary breath test, which measured her blood alcohol content at 0.144.

A person may be charged in Minnesota with Fleeing a Police Officer in a Motor Vehicle, a Felony, if the person does any of the following in an attempt to evade police after the officer signals the driver to stop:

Increases their speed;
Turns off their headlights or taillights;
Fails to stop; or
Uses other means to evade police.

The penalty in Minnesota for Fleeing a Police Officer in a Motor Vehicle is up to 3 years and 1 day in jail, as well as a fine of up to $5,000.

In addition, Minnesota may charge a person with DWI for driving, operating, or being in physical control of a vehicle when:

They are under the influence of alcohol, a controlled substance, or a hazardous substance that affects the nervous system, brain, or muscles so as to substantially impair the person's ability to drive or operate the vehicle; and or
They have an alcohol concentration of .08 or more within 2 hours of driving, operating, or being in physical control of a vehicle.

Depending on the circumstances, a DWI may be charged as a Misdemeanor, Gross Misdemeanor, or Felony. Factors that are considered for enhancing and determining the degree of DWI that you may be charged with include:

Previous convictions for DWI;
Previous alcohol related driver's license revocations;
Motor vehicle accident(s) and or injuries connected with the alleged DWI incident;
Minor(s) in the vehicle; and or
High blood alcohol concentration.

The severity of the penalties for depends on the degree for which you are charged. However, the penalties for DWI include jail, a fine, forfeiture of your vehicle, loss of your driver's license, increased insurance costs, and other hidden costs. It is important to remember that you only have limited time to contest the forfeiture of your vehicle and the revocation of your driver's license.

What does this mean for you?

If you are driving your car and a police officer signals you, whether by lights and sirens or otherwise, you should pull over. Taking action to evade the police may result in a felony charge for Fleeing a Police Officer in a Motor Vehicle, which would be in addition to whatever other charges you may be facing, such as DWI. Fleeing police and DWI are serious charges. However, when there are additional factors, such as a minor child in the vehicle, a high blood alcohol contraction, etc., the complexity of the situation is compounded and the penalties are often enhanced.

Fleeing the police in a motor vehicle and DWI have serious consequences and require experienced representation. If you think you might be charged or you have been charged with Fleeing a Police Officer and or DWI, contact an experienced Criminal Defense Attorney for a free consultation. The time that you have to contest the revocation of your license and the forfeiture of your motor vehicle is limited. You need an experienced attorney fighting to protect you.

You Don't Have to Drink to Get a DWI

Minneapolis Criminal Lawyer — Sun, 08 Jan 2012 10:05:00 GMT

Recently, north of Minneapolis, Mr. Steven Johnson was charged with 3rd Degree DWI and 5th Degree Drug Possession in connection with a motor vehicle accident. According to reports, Mr. Johnson had not been drinking, but had been huffing bottles of whipped cream prior to or while driving his vehicle.

Mr. Johnson was arrested after the police responded to a call that a vehicle had struck a pole. When the police arrived, the officers allege that Mr. Johnson showed signs of impairment. The officers found several bottles of whipped cream inside of Mr. Johnson's vehicle. The officers then arrested Mr. Johnson for suspicion of DWI from a hazardous substance. The officers then conducted a search of Mr. Johnson's person and found a single pill of a controlled substance for which Mr. Johnson did not have a prescription.

In Minnesota, a person can be charged with DWI for driving, operating, or being in physical control of a vehicle when:

They are under the influence of alcohol;
They are under the influence of a controlled substance;
They are under the influence of a hazardous substance that affects the nervous system, brain, or muscles so as to substantially impair the person's ability to drive or operate the vehicle; and or
They have an alcohol concentration of .08 or more within 2 hours of driving, operating, or being in physical control of a vehicle.

The penalties for DWI in Minnesota include:

Jail Time
Monetary Fine
Forfeiture Of Your Vehicle
- Note that you have limited time to contest the forfeiture of your vehicle.
Loss Of Your Driver's License
- Note that you have limited time to contest the revocation of your driver's license.
Increased Insurance Costs
Other Collateral Costs

What does this mean for you?

If you drive, operate, or are in physical control of a vehicle while you are under the influence of a substance that impairs your ability to operate a motor vehicle, then you can be charged with DWI. The impairing substance does not have to be drugs or alcohol, it can also be the result of huffing bottles of whipped cream if it impairs your ability to drive or operate a motor vehicle.

DWI is a serious crime with serious consequences that necessitates experienced representation. If you have or anticipate that you may be charged with DWI, contact a Minneapolis DWI Defense Attorney for a free consultation. You have limited time to contest the forfeiture of your vehicle and the revocation of your driver's license. It is important to have someone fighting to protect your rights.