Austin woman gets stay of adjudication on drug charge in DWI case

A woman who had been accused of driving while impaired by drugs, felony drug charges and other offenses reportedly agreed to plead guilty to a misdemeanor DWI and felony drug possession charges in exchange for a probationary sentence that may allow her to avoid having the felony conviction entered onto her permanent criminal record.

Authorities in Mower County, Minnesota, claim that an officer ran the plates on a car last August and learned that a woman linked with the car did not have a valid license. The officer conducted a traffic stop, suspecting that an unlicensed driver was operating the car.

At some point during the investigatory stop, police apparently decided to search the car. Officials claim that an officer found less than a half-gram of methamphetamine in a cigarette pack. It is not clear from a media account in the Austin Daily Herald what the government based that search upon.

A passenger reportedly had fled from the car during the encounter, and he was later convicted of misdemeanor fleeing police. The woman denied ownership of the suspected meth. But, ultimately, authorities charged the woman with felony fifth-degree drug possession, DWI-drugs and other offenses.

She reportedly pled guilty to a DWI count and the felony drug charge and has been sentenced to five years’ probation. If the woman successfully completes that probation, the felony charge will be dismissed, according to the media account.

Generally, Minnesota law allows a person to seek what is called a stay of adjudication in a criminal case. Criminal defense lawyers may negotiate with prosecutors to include a stay of adjudication in a plea deal.

The stay essentially stops the proceedings just before a criminal conviction is entered. The court puts a hold on entering the judgment of guilt on the record, while placing a person on probation (other sentencing provisions may be involved in the process, including potential jail time).

However, if the person completes probation successfully, the charge is dismissed upon completion of probation. The process can allow a person to avoid having the felony placed on a permanent criminal record.

Source: Austin Daily Herald, “Unlicensed driver gets probation for drugs, DWI,” Matt Peterson, June 24, 2013

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Digital Evidence in Sex Crime Cases: How Your Online Activity Can Be Used Against You in Minnesota

Prosecutors in Minnesota use digital evidence in sex crime cases to connect suspects to crimes. They analyze the chronological order of online events and statements to show intent, motive, or premeditation. The common types of evidence used in sex crime investigations include direct, actual, and circumstantial evidence.

Can You Be Charged With a DUI If You’re Sleeping in Your Car in Minnesota?

One of the questions DUI lawyers in the state often answer is: Can you be charged with a DUI if you’re sleeping in your car? You can face DUI charges in Minnesota even if you are not actively operating your car. The “physical control” law states that anyone with the capacity to drive a vehicle while intoxicated can get arrested and charged with DUI.

Understanding Solicitation and Enticement Laws in Minnesota

Recently, a sex sting operation in Bloomington, Minnesota, led to the arrest of at least 14 men, including former Minnesota Senator Justin Eichorn. The operation involved undercover officers posing as minors online, engaging with individuals who sought to solicit sexual conduct.