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Category: Criminal Defense

What Does the Right to Remain Silent Mean?

We often hear these words uttered in everything from television crime dramas to news media broadcasts. But what do these words mean exactly? And what rights to they offer criminal defendants?

Acquittal for former West St. Paul council member facing misdemeanors

It is not uncommon for people in St. Paul to get into disagreements with one another, especially when the dispute concerns their home environment. Some disagreements may be over property lines, some arise from planned construction projects and some may stem over barking dogs.

Man receives prison sentence after pleading guilty to Roseville accident

When people in St. Paul make a serious mistake, sometimes they panic and this can put them into an even more difficult situation, especially when the mistake develops into a criminal act. A criminal conviction for something like vehicular homicide or a hit-and-run can come with a number of consequences that include jail time, fines, probation, loss of income and public embarrassment.

Is a plea bargain the right choice?

Every day, people in Minneapolis are arrested and charged with committing a crime. Many are unfamiliar with the workings of the judicial system and the arrest, processing and filing of charges can be overwhelming. This can encourage people accused of domestic violence, murder or even DWI, to agree to a plea bargain.

Are Warrantless DWI Tests Still Legal in Minnesota after McNeely?–Part I

If you have a criminal DWI case or criminal DWI test refusal case, and/or civil implied consent driver’s license revocation cases pending, you may have heard of the recent U.S. Supreme Court decision in McNeely v. Missouri issued 4-17-13. In McNeely the U.S. Supreme Court held that Warrantless DWI Tests are illegal without consent or “exigency circumstances.” The U.S. Supreme Court said that Missouri could not take a non-consensual blood test from a driver in a standard DWI case (no accident) without either a warrant OR a showing of special circumstances like an emergency stemming from injured persons in a car accident (i.e. “exigent circumstances”).

DWI and Canada, New Rules May Not Help All With DWI Convictions

Previously in this space, we have discussed a number of the direct and indirect consequences of a DWI conviction in Minnesota. State laws generally govern many consequences, including sentencing issues and the impact a DWI arrest can have on a driver’s privilege to drive. However, a Minnesota DWI and Canada do Not mix well.

DWI Bail in Minnesota–Part II

Here is part II of our discussion of Minnesota DWI bail in Misdemeanor DWI’s, Gross Misdemeanor DWI’s and Minnesota Felony DWI’s: 3rd Degree DWI: 3rd Degree DWI is a gross misdemeanor. 3rd Degree DWI occurs when one (1) aggravating factor is present.

DWI Bail in Minnesota–Part I

Unlike in federal criminal court, in Minnesota state court any person charged with a crime has a right to bail. A person cannot be held without bail on a new criminal charge; holding someone without bail can only occur after an individual is convicted. People who are alleged to have violated their probation can be held without bail, as can people who have (1) pled guilty or been found guilty by a jury and (2) are awaiting sentencing.

Rosemount woman arrested on suspicion of medication DWI

Dakota County prosecutors say that a Rosemount woman was arrested at her home for driving while impaired June 21. Authorities say that police confronted the woman as she stood outside her home, holding her three-year-old child. Law enforcement apparently was responding to a report of an alleged erratic driver, who allegedly drove up onto a curb near County Road 42 and Diamond Path.

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