Southern Minnesota man sentenced in DWI case after alleged burrito assault

Not long ago, this blog discussed the issue of probation in Minnesota DWI cases. That entry focused on the trend in Minnesota of jailing people on probation for failing to pay probation fines or fees. However, in many cases, the judges impose terms and conditions at the time of sentencing that can make future violations of the law an issue for people on DWI probation.

A southern Minnesota man recently was charged with domestic assault after he allegedly threw a burrito at a woman. Authorities say that the man was on DWI probation when he was arrested. The man was convicted of gross misdemeanor DWI in July, according to the Albert Lea Tribune. He reportedly admitted having consumed alcohol during the alleged burrito assault investigation.

The man reportedly was re-sentenced to 180 days in jail in the DWI case for the alleged probation violation, according to the Albert Lea Tribune. The man has been formally charged with gross misdemeanor domestic assault on the burrito allegations.

Law enforcement claims that they received a call reporting a domestic dispute in Adams, Minnesota, last week. Adams is southeast of Austin, Minnesota. Adams Police and Mower County deputies responded to the address and claim that they found the woman with burrito toppings on her head and right shoulder. She apparently told law enforcement that the man now accused of domestic violence had become upset when she refused to get him a cigarette.

She claims that the man dumped her plate of food off the bed, and then threw her burrito at her. The burrito reportedly landed on the woman. Sheriff’s deputies arrested the man for domestic assault, which led also to the difficulties in the DWI probation case, according to the Albert Lea Tribune.

Source: Albert Lea Tribune, “Minnesota man charged with burrito assault,” July 27, 2012

He has won jury trial cases in misdemeanor and felony cases and in DWI’s and non-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. He is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

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

People facing criminal charges in Minnesota often ask, “Can you defend yourself in court?” You can represent yourself in court when charged with a crime. Self-representation, however, is not typically in the accused's best interests, even if courts allow it.
Parents whose children have been arrested or accused of committing a heinous crime might wonder, “Can a minor be charged with a felony?” A minor aged 14 years or older but below 18 years may face felony charges in Minnesota.
People accused of or under investigation for assault might ask, “What are the charges for assault?” Minnesota has five levels of assault charges. First-degree assault is the most serious offense, and a conviction often results in the most severe penalties, like long prison time and hefty fines.