After being convicted of a DWI or DUI in the state of Minnesota, the offender is subject to civil and criminal penalties that vary depending on the level and severity of the DWI or DUI arrest. The penalty level is based on the number of times an individual has been found guilty of alcohol-relate...
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Convicted of DWI in Minnesota? Here’s how long you’ll lose your license
One of the forgotten penalties of a DWI conviction in Minnesota, is losing your license for a specified amount of time to the Minnesota Department of Public Safety. After receiving a DWI in the state of Minnesota, you are subject to losing your driver's license for at least 90 days. Work permits ...
The effects of a DWI/DUI on your commercial drivers license
If you are convicted of a DWI/DUI, you could face serious criminal, civil and professional consequences as a result. Those consequences will be even more severe if you carry a commercial driver's license (CDL). The effects of a DWI/DUI on your commercial driver's licensecan be catastrophic. If y...
What are some common causes of breath test contamination?
If you are pulled over for suspected DWI in the state of Minnesota, you may be asked to provide a breath test to the responding officer. This will allow the officer to measure your blood alcohol content (BAC). In the state of Minnesota, the legal limit is .08, and if your test result shows above ...
What is money laundering and what are the money laundering laws in Minnesota?
Money laundering is one of several crimes commonly referred to as white-collar crimes. These crimes can also be called economic crimes or corporate crimes. Bribery, conspiracy, embezzlement, extortion and counterfeiting are other examples of white collar crimes. White collar crimes are typically ...
DWI: What elements are required for a conviction?
Experienced defense attorneys know that no two DWI cases are the same. Each case is different and involves numerous circumstances. But while every DWI case is different in its nuances; the elements required for the state to obtain a DWI conviction remain the same. What are they and why do they ma...
Fifth degree drug crimes: What are they and what are the consequences
Fifth degree drug crimes are the least severe of all the classes of drug crimes in the state of Minnesota. However, it is important to remember that even a fifth degree drug charge is still a felony level charge. Today we're going to look at what makes up a fifth degree drug crime and what it tak...
Fourth degree drug crimes: What are they and what are the consequences
As we continue our blog series reviewing the various degrees of drug crimes in the state of Minnesota, today we're going to look at fourth degree drug crimes and what sellers and possessors must be suspected of in order to be charged with a fourth degree drug crime. Let's begin. Sales crimes In...
Third degree drug crimes: What are they and what are the consequences
While individuals guilty of first and second degree drug crimes face the most severe penalties, a third degree drug crime conviction still carries serious consequences. Remember, this is still a felony charge and one that carries the potential for a lengthy prison sentence and heavy fines. So wh...
Minnesota Appeals Court upholds warrantless refusal charge when there is hypothetical, other lawful means for a warrant
The issue of implied consent and DWI test refusal has played out in some very prominent cases over the past year. Last summer, the United States Supreme Court issued what many called a landmark ruling in the case of Missouri vs. McNeely. The Minnesota Supreme Court also issued a definitive ruling...
Second degree drug crimes: What are they and what are the consequences
In our previous blog we discussed the consequences a person could face if they are convicted of a first degree drug crime. We also looked at how a person can be charged with a first degree drug crime for selling or possessing a controlled substance. So now that we've explored first degree drug c...
First degree drug crimes: What are they and what are the consequences
As we said in our previous blog, charges for a first degree drug crimee carry some of the most severe consequences possible for a drug-related offense. If you are convicted of a first degree drug crime, you could face severe fines and prison sentences. So how can a person be charged with a first ...
A brief overview of the five different degrees of drug crimes
Like DUI, drug crimes in the state of Minnesota are prosecuted based on varying degrees of severity. If you are facing drug related charges, understanding the different degrees of drug crimes is important so you understand the corresponding consequences if you are charged with each of these crime...
Axelberg vs. Minnesota – Is it DUI or necessity defense?
A very interesting case just finished running its way through the Minnesota Court system and is now being deliberated by the Minnesota Supreme Court. It is a case, Axelberg vs, Minnesota, that begs the question: “Does the necessity defense supersede DUI?” Today we're going to look at the case of...
What are the social host liability laws in Minnesota?
It may be tough to believe it by looking out the window, but spring is almost here. If you have teenagers in your home, especially high school seniors, this will be a time of celebrating with proms and graduations on the horizon. And as you prepare for these parties, the subject of serving alcoho...
What is needed to obtain a search warrant?
Obtaining a real search warrant isn't as easy as it appears in television crime dramas. It requires law enforcement officers to establish probable cause and have a strong foundation for the request before they seek the warrant. Today, we're going to look at what that foundation includes. The fir...
Appellate case STATE v. DRUM Clarifies Consent issue in Implied Consent cases
In a new unpublished court of appeals opinion , the nature of consent was clarified by the court. In State v. Drum, the state appealed a suppression of evidence from Drum's breathalyzer test that was granted by the district court. The state argued that the respondent voluntarily consented to the...
Federal Charges Brought Against Bitcion Exchangers
The United States Attorney of the Southern District of New York has brought charges against Bitcoin exchangers, including the CEO of a Bitcoin exchange company called BitInstant. The other defendant was using bit coin through a website called Silk Road, which is alleged to be used for selling ill...
Precharge investigations: Why do I need a lawyer?
Being investigated for a crime can be one of the most stressful times of your life. Unfortunately, many people mistakenly believe they don't need a lawyer during this process. But, having a lawyer during this phase is often very crucial. A precharge investigation can be extremely stressful. Obta...
What are whiskey plates?
If you are charged with a DWI, you will face many consequences from a conviction. And, depending on the circumstances of your DWI arrest, one of those consequences could be the impoundment of your license plates and their replacement with special registration plates, otherwise known as whiskey pl...
What is theft by swindle?
Theft by swindle falls under Minnesota Statute 609.2 Subd. 2(4) which states: “by swindling, whether by artifice, trick, device, or any other means, obtains property or services from another person.” It is the deliberate attempt to trick that defines a swindle case. Selling a knock-off purse or ...
What is reasonable suspicion?
Reasonable suspicion, otherwise known as reasonable articulable suspicion, is one of the most important clauses in all of traffic law. Why? Because according to the law, a police officer cannot pull you over unless the officer has reasonable suspicion of criminal activity. The rule originates fr...
What penalties will you face for violating prostitution laws in Minnesota?
While prostitution is legal in some areas of the country, it is a crime in the state of Minnesota. The severity of that crime depends on many factors, including the location of the act, the age of the participants and whether or not the incident constitutes a repeat offense. Let's take a more in-...
What does your Minnesota criminal court record say about you?
If you have been charged with or convicted of a crime, the effects can last long past the end of the sentence or the case's dismissal. The truth is, the details of your case are still documented in the Minnesota criminal court records and those records – available to the public – could deny you f...
What is probable cause?
You have likely heard the term “probable cause” in reference to a police investigation. Probable cause is a legal standard that allows the government to search and seize. Let's take a closer look at what probable cause entails. Probable cause has been defined as: “where known facts and circumsta...