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Facing your first ever DWI charge?
No one thinks it will happen to them. You certainly didn’t, but here you are. You’ve been charged with driving while intoxicated. It is your first time dealing with something like this, and you have no idea what to do or what to expect. The good news is, you do not have to tackle the […]
What is a Brief?
In a criminal case, sometimes motions are filed. When a motion is filed, a judge has one of two options to tell the lawyers what to do after we argue it. Once a lawyer files a motion, for example, let’s say it’s to try to get the case thrown out for an illegal traffic […]
How Do I Bail Someone Out of Jail
It’s important to understand how the bail process works both in state court and in federal court. They are very different. This will certainly apply in Minnesota, but many other states are the same way in terms of this bail talk. Just to be sure, you should check with your local laws in your state […]
What If Police Lied About The Odor Of Marijuana
Can the police really lie about smelling marijuana? Let’s dig into a personal case I have witnessed where that happened, and law enforcement because of lying about the odor of marijuana, decided to do a vehicle search. During the search, they found a gun that the client wasn’t supposed to possess and he got charged […]
Tips for Going Through the Stress of a Criminal Case
When you go through a storm, there are a couple of different ways you can do it. Now, we can imagine throwing a stick out here, right, and letting it bob in the waves. But eventually, the storm’s strong enough where it’s going to blow it over to shore here. If somebody’s trying to get […]
False Allegation Murder Not Guilty 609.19
Is it really a thing to be falsely accused of such a horrible crime? Unfortunately, yes. In fact, I am going to go into detail about a real case. The theory in the case was that law enforcement told some very important lies, and we exposed those to the jury. Even before, we’ve had some […]
Police Search Phone: Know Your Rights
Police Search Phone: Understanding Your Rights and Options “Police want to search my phone, should I consent?” That’s a question I often get. People are understandably concerned when they’ve been arrested, and the police search phone. They may be tempted to consent to the search in hopes of getting their phone back faster. However, it’s […]
What Is Considered DWI Under Minnesota State Law?
There are two forms of DWI in Minnesota. The first is if law enforcement believes you’re impaired by alcohol or a drug to the point that your normal coordination or ability to drive is compromised. The other one is testing at a 0.08 or higher blood alcohol level. What Would Be Considered A Felony Level […]
Why Judges Should Let Jurors Talk To Lawyers After Verdict
Jurors are the ultimate judges of fact, and seldom will a judge overturn a jury’s verdict. Although judges can provide useful tips to lawyers after trial in order to help them improve, there is perhaps no better teacher than a juror. Why, then, do some judges insist on insulating jurors from the lawyers after they […]
Third Degree Assault 609.223 In MN
So, you’re being charged with a 3rd degree assault. But what does that really mean? Minnesota Statute 609.223 says: Here’s what that means in detail: First, the prosecutor needs to prove that there was an assault . There are two ways someone can assault another person. The first is by causing someone to fear bodily […]
Terroristic Threats: Understanding Minnesota Statute 609.713
Terroristic threats are a serious charge that can have lasting consequences. If you’ve been accused under Minnesota Statute 609.713, this charge could make it difficult to secure employment and move forward in life. Understanding what terroristic threats mean under Minnesota law is crucial to protecting your rights and future. The Minnesota terroristic threats statute states […]
Self Defense: A Lifesaver
Self defense can be a lifesaver, literally and figuratively. It’s one of my favorite defenses in criminal law, and I’ve successfully used it in dozens of cases. But self defense does have its limits, at least in Minnesota. For now, I’ll group self defense into three subgroups: 1) death not the result; 2) death as […]
Residential Mortgage Fraud 609.822
Prosecution for alleged mortgage fraud cases in Minnesota has exponentially increased since 2007. This is due to several factors including but not limited to the crash of the real estate market and the willingness of the mortgage industry to gloss over sound lending policies while they rushed to fund as many loans as they could. […]
Child Arrested in Minnesota? What to do!
What to do? Child arrested in Minnesota! Child arrested in Minnesota! Young people often lack good judgment and make mistakes. It’s part of growing up. However, youthful mistakes can result in criminal charges and serious consequences that can cast a long shadow over a once-bright future. At Arrested MN, we represent clients in juvenile court. […]
Jury Instructions And Voluntary Intoxication
At the end of a criminal trial, the judge reads a set of instructions to the jury to guide them in their deliberations. These instructions are called “jury instructions” and while many of them are standard, they should be uniquely crafted to fit the particular issues in each criminal case and accurately state the law. […]