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

Do I have to answer the questions asked by the police?

You have the constitutional right to remain silent. It is not a criminal act to refuse to answer questions. It is a good idea to talk to a lawyer before agreeing to answer questions. You do not have to talk to anyone, even if you have been arrested or are in jail. Only a judge can order you to answer questions.

Can I talk to a lawyer?

You have the right to talk to a lawyer before you answer questions, whether or not the police inform you of that right. The job of a criminal lawyer is to protect your rights. Once you say that you want to talk to an attorney, officers should stop asking you questions. Even if you do not have a lawyer, you may still tell the officer you want to speak with one before answering questions. If you have a lawyer, keep his or her business card with you. Show it to the officer, and ask to call your lawyer. Remember to get the name, agency and telephone number of any investigator who visits you, and give that information to your lawyer.

Can the police search my home or office?

The police, or other law enforcement agents, cannot search your home unless you give them permission, or unless they have a search warrant. A search warrant is a court order that allows the police to conduct a specified search. Interfering with the search probably will not stop it and you might get arrested. But you should say clearly that you have not given your consent and that the search is against your wishes. Your roommate or guest can legally consent to a search of your house if the police believe that person has the authority to give consent. Police and law enforcement need a warrant to search an office, but your employer can consent to a search of your workspace without your permission.

What if the police have a search warrant?

If you are present when agents come for the search, you can ask to see the warrant. The warrant must specify in detail the places to be searched and the people or things to be taken away. Call a lawyer as soon as possible. In addition, ask if you are allowed to watch the search. If you are allowed to, you should. Take notes, including names, badge numbers, what agency each officer is from, where they searched and what they took. If others are present, have them act as witnesses to watch carefully what is happening.

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In an unpublished decision issued on March 10, 2009, the Minnesota Court of Appeals affirmed aggravated robbery conviction despite a claim by the defendant that he was denied the right to a speedy trial. Judge Worke wrote the decision in State v. Dahir.

Under the state and federal constitution, in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial.” Minnesota courts apply a four-part test to determine whether a defendant’s speedy-trial right has been violated: (1) the length of the delay; (2) the reason for the delay; (3) whether and when the defendant asserted his right to a speedy trial; and (4) the prejudice to the defendant caused by the delay.

In Minnesota, following a speedy-trial demand, the trial shall commence within 60 days of the demand unless good cause is shown. Delay beyond 60 days raises a presumption that a defendant’s speedy-trial right has been violated, and requires further inquiry into whether a violation has occurred.  Judge Worke opined that "Appellant made a speedy-trial demand on August 7, 2007. Appellant’s trial commenced nearly four months later on December 3, 2007; therefore, further inquiry is necessary to determine whether a violation has occurred."

The reason for delay is closely related to the length of delay, and different weights are assigned to different reasons. A deliberate attempt to delay trial to harm the defense is weighed most heavily against the state. But, the Court found "that is not the case here because the delay was caused by court-calendar congestion and the fact that a new judge took over appellant’s case." While delays caused by overcrowded courts are weighed against the state because the state is ultimately responsible for such circumstances, this type of delay weighs less heavily against the state.

Assertion of the right to a speedy trial need not be formal or technical, and it is determined by the circumstances. A court must assess “the frequency and intensity" of a defendant’s assertion of a speedy trial demand. However, Dahir demanded his right to a speedy trial and, at the same time, waived that right to the extent that his trial would occur slightly beyond the 60-day period. His attorney then agreed to a November 14 or a December 3 trial date, and the trial commenced on December 3. Judge Worke found this factor is neutral because, despite Dahir's clear demand, his attorney agreed to the continued trial date.

Whether a defendant has been prejudiced by a delay encompasses three concerns: (1) preventing oppressive pretrial incarceration, (2) minimizing the anxiety of the accused, and (3) limiting impairment of the defense. Dahir argued that he experienced prejudice because he was subject to pretrial incarceration and could not make bail, was the subject of anxiety and his defense was "likely harmed" because of the delay. All three arguments failed.

The Court concluded that Dahir's "constitutional right to a speedy trial was not violated." Certain factors, such as the length of the delay and his assertion of the right to a speedy trial, favor him. But because the trial date was continued for reasons beyond the control of the state and because [he] was not prejudiced by the delay, he is not entitled to relief."

The criminal attorneys with the Brown Law Offices, P.A. are leaders in representing criminal defendants. Cynthia Brown, a founding partner in the firm, is a former Minnesota prosecutor and criminal investigator who has been interviewed by ABC News. To contact our firm, please call 763-323-6555 or complete a free case consultation form.

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In Minnesota, manslaughter is defined as the killing of a person in a manner less culpable than murder. The relevant manslaughter statutes differentiate the seriousness of the offense based upon the state of mind of the defendant at the time of the killing. Manslaughter may be voluntary or involuntary under Minnesota law.

In a voluntary manslaughter situation, the perpetrator must have an intent to cause death or serious injury. Liability for the death, however, may be reduced in light of the specific circumstances surrounding the actions and the state of mind of the individual who is charged. For example, a "heat of passion" killing (such as responding with deadly force upon witnessing an abusive act upon a child) may involve a voluntary manslaughter charge.

With involuntary manslaughter (sometimes involving negligent or criminal vehicular homicide) no intent to kill or cause serious injury is necessary. Instead, the death of another may result from reckless disregard for the rights and safety of others - such as causing the death of a driver in a motor vehicle accident.

Under the Minnesota manslaughter statutes there are three types of manslaughter charges:

• First Degree Manslaughter
• Second Degree Manslaughter
• Criminal Vehicular Homicide and Injury

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Felonies are  punishable by over one year to life imprisonment and a maximum fine indicated in the relevant Minnesota statute. Felony offenses are the most serious of all crimes and are pursued very aggressively by the State. Common felonies include the possesssion of sale of large quantities of narcotics, rape, assault, criminal sexual conduct, arson, murder and theft. In felony cases, the county attorney 's office is the prosecuting authority. In some cases, the Minnesota Attorney General's office will get handle things.

Because of the serious conduct involved with felony offenses, a number of court appearances will take place.

Upon arrest, defendants make their bail appearance. The bail amount is set and release conditions are imposed. If a defendant cannot post bail on their own, they can obtain a bond through a bondsman or remain incarcerated pending trial.

The next step involves the arraignment hearing. In an arraignment, the court will ensure that a defendant understands their rights and what they are charged with.

The next appearance is called an "omnibus" hearing and involves a challenge to probable cause and the evidence obtained by the state in violation of your constitutional rights.

Once the omnibus issues are addressed, the case is set for a pre-trial conference. At that hearing, negotiation takes place between the prosecutor and defense attorney. If a plea agreement is reached, it is read into the record. If a plea cannot be reached, a trial date will be set.

If convicted, the matter is set for sentencing. The state will conduct a pre-sentence investigation to examine the background of the defendant and make a recommendation concerning the sentence that should be imposed.

A conviction for felony often impacts a defendant's ability to obtain employment, secure student loans, serve in the military, vote and possess a firearm. It is far more difficult to expunge a felony conviction than a misdemeanor or gross misdemeanor convication.

The felony defense lawyers with the Brown Law Offices, P.A. have years of experience in handling felony charges in Minnesota, including drug offenses, criminal sexual conduct, fraud, manslaughter and others. To contact our attorneys, call 763-323-6555 or submit a free consultation form.

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The Minneapolis Star Tribune reports that a multi-state crackdown on prostitution ads found on Craigslist is underway. Law enforcement in 40 states have reached an agreement with the internet advertiser concerning its "erotic services" category. No surprise that the State of Minnesota is on board, in light of the recent St. Paul prostitution sting operations that have taken place, resulting in the arrest of dozens.

As part of Craigslist's agreement with attorneys general around the country, anyone who posts an "erotic services" ad will be required to provide a working phone number and pay a fee with a valid credit card. The Web site will provide that information to law enforcement if subpoenaed. Blogcatalog has put together a comprehensive list of prostitution cases involving Craigslist from across the country.

In Minnesota, prostitution involves participation in sexual activity in exchange for money. Minnesota prostitution statutes contain five types of charges:

• Prostitution
• Solicitation, Inducement or Promotion of Prostitution
• Other Prostitution Crimes
• Prostitution Committed in School or Park Zone
• Loitering With Intent to Participate in Prostitution

Prostitiution among consenting adults may be charged as a misdemeanor or gross misdemeanor, depending upon the circumstances. Conviction for a misdemeanor will result in a fine of up to $1,000 and 90 days in jail. The penalty for a gross misdemanor includes a fine of up to $3,000 and one year in jail. 

Minneapolis has taken things a step further. Defendants convicted of prostitution in Minneapolis will have their photograph published on the Minneapolis Prostitution Solicitation Convications page online.

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Burglary (often referred to as breaking and entering) involves entry into a building for the purpose of engaging in criminal activity ( most often theft). In Minnesota, burglary charges are determined by the type of building that was entered and what acts were performed once inside the building.

The Minnesota burglary statute contains four degrees of burglary:

Burglary in the first degree. Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, commits burglary in the first degree and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both, if: (a) the building is a dwelling and another person, not an accomplice, is present in it when the burglar enters or at any time while the burglar is in the building; (b) the burglar possesses, when entering or at any time while in the building, any of the following: a dangerous weapon, any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon, or an explosive; or (c) the burglar assaults a person within the building or on the building's appurtenant property.

Burglary in the second degree. Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, commits burglary in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if: (1) the building is a dwelling; (2) the portion of the building entered contains a banking business or other business of receiving securities or other valuable papers for deposit or safekeeping and the entry is with force or threat of force; (3) the portion of the building entered contains a pharmacy or other lawful business or practice in which controlled substances are routinely held or stored, and the entry is forcible; or (4) when entering or while in the building, the burglar possesses a tool to gain access to money or property.

Burglary in the third degree. Whoever enters a building without consent and with intent to steal or commit any felony or gross misdemeanor while in the building, or enters a building without consent and steals or commits a felony or gross misdemeanor while in the building, either directly or as an accomplice, commits burglary in the third degree and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

Burglary in the fourth degree. Whoever enters a building without consent and with intent to commit a misdemeanor other than to steal, or enters a building without consent and commits a misdemeanor other than to steal while in the building, either directly or as an accomplice, commits burglary in the fourth degree and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

A common defense in burglary cases is that the suspect had a legitimate reason for being on the premises. Another defense to burglary involves a lack of intent upon entry into a building.

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Assault charges in Minnesota involve a crime of violence against another person. Assault cases are pursued according to the seriousness of the injury suffered by the victim and the relationship between the victim and the defendant. Minnesota assault statutes contain six types of assault charges:

• First Degree Assault
• Second Degree Assault
• Third Degree Assault
• Fourth Degree Assault
• Fifth Degree Assault
• Domestic Assault

Defenses to assault charges include consent, punishment, self-defense, defense of another, prevention of a crime and the defense of property.

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An act of arson in Minnesota involves voluntarily, maliciously and willfully setting fire to the property of another, or burning property that you own for an inappropriate purpose, such as fraudulent insurance claims. 

The severity of the offense is deterimined by assessing the dollar value of the property or nature of the injury or death to the victim of the fire. Other factors that contribute to the degree of arson charges include whether the structure was inhabited by a person, the time of day in which the fire occurred, and the proximity of a person's residence to the burned structure. Minnesota arson statutes outline six arson crimes:

• First Degree Arson
• Second Degree Arson
• Third Degree Arson
• Fourth Degree Arson
• Wildfire Arson
• Negligent Fires

For years, fire investigators have been instructed to look for key "indicators" of arson activity. Crazed glass, melted copper wiring, and melted steel were all said to indicate an unusually hot fire, consistent with the use of accelerants. Uneven burn patterns were said to indicate multiple ignition points, another indicator of arson. These methods of fire investigation appear to provide a "scientific" basis for expert opinions as to whether arson is involved in a particular case. However, more up-to-date research suggests that much of the conventional wisdom of these theories are simply wrong.

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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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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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Minnesota law classifies criminal sexual conduct into five categories: first- through fifth-degree criminal sexual conduct. Each degree of the crime covers a variety of behavior, with first-degree carrying the most severe penalties and fifth-degree the least severe. Generally speaking, the first-degree and third-degree crimes apply to sexual conduct involving sexual penetration of the victim; the second-, fourth-, and fifth-degree crimes apply to sexual conduct involving sexual contact with the victim without sexual penetration.

The elements of the criminal sexual conduct crimes also vary with respect to a number of other issues. For example, criminal sexual conduct in the first and second degree typically apply to conduct involving personal injury to the victim; the use or threatened use of force, violence, or a dangerous weapon; or victims who are extremely young. Criminal sexual conduct in the third, fourth, and fifth degree typically address less aggravated conduct and apply to other situations in which the victim either did not consent to the sexual conduct, was relatively young, or was incapable of voluntarily consenting to the sexual conduct due to a particular vulnerability or due to a special relationship between the victim and the perpetrator.

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The gravity of crimes involving sale or possession of methamphetamine in Minnesota is linked to the amount of substance involved; the amount of the drug is determined by the total gram weight of the substance, not by the actual amount of methamphetamine present in it. Because of the dangers that methamphetamine, cocaine, and heroin pose, the penalties for sale or possession of these drugs are much harsher than penalties for the same amount of other drugs.

Sale of ten grams or more of any mixture or substance containing methamphetamine, or possession of 25 grams or more of any such substance, is a first-degree controlled substance crime and carries a penalty of up to 30 years’ imprisonment and a $1 million fine, or both. If the person has a previous controlled substance conviction, the penalty is increased to at least four and up to 40 years’ imprisonment. The Minnesota Sentencing Guidelines recommend an 86-month sentence for a person with no criminal history who is convicted of a first-degree controlled substance offense.

Sale of three to ten grams or possession of six to 25 grams of a methamphetamine substance is a second-degree controlled substance violation and is punishable by a 25-year prison sentence or a $500,000 fine, or both. For offenders with a previous controlled substance conviction, the penalty increases to up to 40 years (with a three-year minimum sentence) and an optional fine of up to $500,000.  The Minnesota Sentencing Guidelines recommend a 48- month sentence for a person with no criminal history who is convicted of a second-degree controlled substance offense.

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Twin Cities media is reporting that a 55 year old Anoka County man pled guilty today to soliciting a 13 year girl for sex online. According to the criminal complaint, the two arranged to meet at a local Burger King. When he arrived, the teen called the police.

The defendant entered a plea agreement that called for a stay of imposition of sentence with a maximum of 90 days of jail time to be served. The felony will be reduced to a misdemeanor if the he satisfies certain conditions of release.

In Minnesota, it is a crime to solicit sexual activity from minors. A person 18 years of age or older who solicits a child or someone the person reasonably believes is a child to engage in sexual conduct with intent to engage in sexual conduct is guilty of a felony.

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A mother from Hennepin County has been arrested after her infanct child was discovered alone in a motor vehicle at the University Avenue Target store. The Minneapolis Star Tribune reports that the woman left her car running in the parking lot with her six month old daughter in the unlocked vehicle. It was unclear to police how long the child had been left unattended. The child was taken into protective services and is doing fine, according to St. Paul law enforcement.

In Minnesota, it is a crime to neglect or endanger a child.

Neglect occurs when a parent willfully deprives a child of necessary food, clothing, shelter, health care, or supervision. Acts of neglect constitute a gross misdemeanor, unless the act results in substantial harm. If substantial harm occurs to a child as a result of the neglect a felony charge may follow.

Endangerment occurs if a parent intentionally or recklessly causes or permits a child to be placed in a situation likely to substantially harm the child's physical, mental, or emotional health, causes the child's death or knowingly causes or permits the child to be present where any person is selling, manufacturing, possessing immediate precursors or chemical substances with intent to manufacture, or possessing a controlled substance. Such acts constitute either a gross misdemeanor or felony under Minnesota law, depending upon the harm inflicted upon a child.

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The Fourth Amendment of the United States Constitution protects people against unreasonable searches and seizures by police officers. It reads:

The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article I, section 10, of the Minnesota Constitution is virtually identical to the Fourth Amendment in the United States Constitution. However, the Minnesota Supreme Court has afforded individuals even greater protection against unlawful search and seizure under our State Constitution as opposed to those available under the US Constitution.

The Fourth Amendment applies in limited situations. In general, the question of whether the Fourth Amendment applies turns on whether a person has a "reasonable expectation of privacy" in a particular situation. Whether a person has a reasonable expectation of privacy turns on both a subjective and objective analysis. First, the individual must have a subjective intent to keep something private. Second, and more importantly, the expectation must be one that society is willing to recognize as reasonable.

To analyze further whether the Fourth Amendment applies, the analysis must address the place searched, the person doing the search, the person being searched, and the reason for the search.

Central to the Fourth Amendment is its charge that police act reasonably when they engage in search or seizure activities. In general, for a search or seizure to be reasonable, it must be supported by a warrant issued by a neutral and detached magistrate or judge who has determined probable cause exists to support a particular search or seizure. As defined by the United States Supreme Court, “[p]robable cause exists where ‘the facts and circumstances within [the police officer’s] knowledge, and of which they had reasonable trustworthy information, [are] sufficient in themselves to warrant a man of reasonable caution in the belief that’ an offense has been or is being committed.”

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The Minnesota Sentencing Guidlines outline the presumed sentences for felony offenses. Below, find an easy-to-navigate flowchart that outlines the options the Court has in imposing or staying a sentence in a felony case.

 

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Deputy Joshua J. Williams of Dakota County has been convicted of careless driving as a result of an incident that resulted in the death of a motorcyclist. Scott County Chief Judge William Macklin issued his opinion after Williams waived his right to a jury trial. Careless driving is a misdemeanor in Minnesota and usually results in community work service as opposed to jail time. Ironically, Williams, now convicted, has been re-assigned as a court security officer as a result of the charge.

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A male friend of a Columbia Heights mother was sentenced yesterday in the death of her 23-month-old child. The criminal defendant, Ahmed F. Mohamed, pled guilty earlier this year to second-degree unintentional murder (manslaughter) in Anoka County, Minnesota. Mohamed was ordered to serve 139 months in prison, with the possibility of release after two-thirds of his sentence.

In late 2006, police discovered the child dead in the home of her mother after the mother left her in the care of Mohamed. Evidence suggested that the child died of massive internal injuries that included a torn liver and broken ribs. 

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Hennepin County District Court Judge Kevin Burke has found Zachary King, Jr. not guilty of second-degree manslaughter. King's son died as a result of an attack by a family pit bull. The dog had a record of seven prior bites. "In the final analysis, the decision comes down to an application of one of the most important concepts in our law: reasonable doubt," Burke said.

Ironically, about a week after Judge Burke issued his opinion the Minneapolis Star Tribune reported that Burke, himself, has had issues with his own dogs. In fact, it was reported that he has been contacted 15 times since 2006 by Minneapolis Animal Control about his two Austrailian Shepherds. The paper stated that Burke was issued two warning letters as a result of a bite to another dog and a mail carrier being forced to use a chemical irritant to stand down the dogs. Read the story about Hennepin County District Court Judge Kevin Burke's Dogs.

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Former University of Minnesota football star Dominic Jones was found guilty of fourth-degree criminal sexual conduct by a Hennepin County Jury. Jones had been charged with third-degree sexual assault for having sex with an 18-year-old woman who prosecutors said was too drunk to give consent. If he had been convicted of that charge, which involves penetration, he could have faced four years or more. His conviction for fourth-degree criminal sexual conduct, which involves a finding of unwanted sexual contact, carries a presumed sentence of 24 months stayed - meaning he would not have to serve it unless he violated the terms of his probation.

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The Minnesota Rules of Criminal Procedure outline the criminal court process in Minnesota and address critical issues such as the scope of a criminal complaint, the pre-trial appearances that are required of a Defendant, the process of arrest and booking and plea agreements. Click below for a complete list of Minnesota Rules, with hyperlinks. Continue Reading...

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Minnesota Statutues Section 609 contains the vast majority of legislation relating to criminal charges. Most misdemeanor, gross misdemeanor and felony level offenses, including, but not limited to, theft, burglary, arson, criminal sexual conduct, fraud, bribery and disorderly conduct are included. Links and a description of each statute are included below. 

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