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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. […]
Implied Consent: What Happens To Your Driver’s License After A DWI
Did you know that there are two sides of a DWI in Minnesota (and most other states)? Minnesota law provides that whoever drives on a Minnesota road gives “implied consent” for their blood alcohol level to be tested by the police if they have probable cause to believe that you are over the .08 limit […]
How To Remove A B Card Restriction
In Minnesota, people with at least three DWI’s in their lifetime may have a “B Card” restriction on their driver’s license. What that means is that the DMV has placed an alcohol restriction on your driver’s license. If you’re caught consuming ANY amount of alcohol, whether you’re driving or not, you will lose your driving […]
Gang Databases: Potential For Abuse
Goodbye, GangNet Gang databases are dangerous. In theory, they can be a proper tool of law enforcement. But in practice, they can be abused. Having your name on a gang database is troubling, especially if you’re not actually in a gang. Law enforcement and prosecutors know that any alleged association with a gang makes it […]