Minneapolis Criminal Lawyer & Attorney : Brown Law Firm : Minnesota Criminal Defense : Minneapolis, St. Paul, Twin Cities

As of tomorrow, it is against the law to text while driving. Included in the legislation is the use of e-mail and internet services on mobile devices. The new law defines an electronic message as a "self-contained piece of digital communication that is designed or intended to be transmitted between physical devices." Basically, no data sending or requests while operating a motor vehicle - whether moving or sitting in traffic or at a stop sign.

And so begins the era of "DWT."

A dozen other states across the county have adopted similar laws. Violation constitutes a petty misdemeanor. The new law is a direct response to a siginificant increase in traffic accidents stemming from the use of portable electronic devices.
 

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Our law firm is always trying to provide current and potential clients with as much information about their rights and what to expect during the criminal process. If you haven't already done so, you might wish to check our Minnesota Criminal Defense web or Minnesota DWI web.

Our lawyers provide links to all of the statutes that are relevant to criminal charges, answers to common questions, extensive biographical information about our defense lawyers and additional resources for those facing criminal charges.

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A “pretrial” hearing is a person’s last court appearance on a criminal charge prior to trial. At this hearing, the parties generally have gathered all the information they need to fully negotiate the case, including crime victim input.

In negotiating the case, the prosecuting attorney will consider the following factors:

• Severity of the crime and its impact upon the victim and/or community; 
• Criminal history of the defendant;
• Defendant’s age and physical and/or mental health;
• Whether the defendant expresses genuine remorse;
• Defendant’s willingness to make restitution;
• Victim’s preferences in how the case should be handled; and 
• The likelihood of conviction at trial.

If the parties are unable to resolve the case, a trial date will be set. Ongoing negotiation with the prosecutor will continue pending trial.

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In Minnesota, a person first enters the criminal justice system through a variety of means. The most common means are through arrest, citation, or tab charge by a police officer. Pursuant to
the Minnesota Rules of Criminal Procedure, police officers must issue citations to persons subject to lawful arrest for misdemeanors unless it reasonably appears to the officer that arrest or detention is necessary to prevent bodily harm to the accused or another or further criminal conduct, or that there is a substantial likelihood that the person will fail to respond to a citation.

In addition, pursuant to statute, a police officer may not arrest someone for a misdemeanor offense unless the officer personally observes the person commit, or attempt to commit the offense. Police officers may exercise discretion, within the constraints of the law in determining whether to make an arrest or whether to issue a citation.

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