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

For most of the individuals convicted for a crime in Minnesota, their involvement in the court system is not over. In many cases, defendants are sentenced for a particular offense but the sentence is stayed pending compliance with certain conditions. The period during which an individual must comply with these conditions is known as the “probationary period.” Typical conditions of probation include: remain law abiding, having no same or similar offenses, completing a number of hours of community service, serving a specified amount of jail time, paying a fine or remaining free of alcohol or drug use. Random follow-up drug and alcohol tests may also be ordered.

If an individual is found to have violated one or more of the conditions imposed by the court, the State will notify the court and the matter will be set on for a probation violation hearing. A two-step process follows. First, the matter is set for an admit/deny hearing. At that point in time, the criminal defendant will either admit to the violation and the consequences will be imposed, or the defendant can deny the violation and the matter will be set on for an evidentiary hearing. If the matter moves to an evidentiary hearing the State must show by clear and convincing evidence that the defendant violated the terms and conditions of probation. If a defendant is found not to have violated the terms of probation, the original conditions remain in place. However, if a violation is found to have occurred, the court will impose additional conditions or, if a defendant has repeatedly violated probation, the court may execute the sentence in full.

A first time probation violation usually will not result in the execution of the original sentence. However, some defendants elect to simply execute the sentence so that they can avoid the burden associated with the conditions of probation. Visit our Minneapolis Criminal Defense Attorneys online for more information about probation violation.

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If you're facing a Minnesota DUI for the first time, we understand you are probably nervous about things. We understand that everyone makes a mistake now and again. In our experience, drunk drivers fit no specific mold. We've represented teens, educated professionals, married couples and seniors who have had a few too many and get behind the wheel of a car. Heck, even the former head of the Twin Cities Metropolitan Council (and son of a former vice-president) Ted Mondale was charged with DWI in recent years. You're not a bad person, but you need to understand your rights and know what to expect.

You've probably been arrested, booked and released after some time in custody. Within a few days you can expect that the Minnesota Department of Public Safety will catch wind of the DUI charge and mail you a notice that your license will be suspended for 90 days as a result. The legitimacy of the DPS revoking a driver's license despite no criminal conviction has been tested time and again before at the Minnesota Supreme Court. Because a license is a privilage, not a right, the Commissioner can basically do as they wish. You are going to receive a seven day grace period and then you may not operate a motor vehicle for 90 days. After 15 days, you can seek a work permit or restricted license in the event that you are a college student, need to care for your family or for medical reasons. In some cases the revocation period will expire after 30 days, but only if a guilty plea is entered to the DWI charge in criminal court.

Aside from the revocation process, you will make an initial appearance in court. The judge will make sure that you understand what you are charged with, what your rights are and set conditions of your release. You will probably have to abstain from alcohol and possibily submit to blood alcohol tests as requested.

Several hearings preceed the trial. At those hearings, we deal with evidentiary issues and negotiate with the prosecutor to see if the case will be dismissed or the charges reduced. If we are unable to reach an acceptable plea agreement, a trial date will be set. Trials in a misdemeanor case occur before the Court or, if the Defendant wishes, to a jury of six.

If you plead guilty to drunk driving, or are found guilty of a DWI, sentencing is the final phase of the court process. You will likely undergo a chemical use assessment prior to sentencing and be ordered to comply with the assessor's recommendations. You will be sentenced to jail time, but most, if not all if it (if we are successful) will be stayed, as long as you remain law abiding and commit no same or similar offenses during your probationary period. In addition, you will probably have to attend alcoholics anonymous meetings or a MADD impact panel, attend an educational course about effects of alcohol on the body and pay a fine.

For the benefit of those who have been charged with a DUI in the Twin Cities or greater Minnesota, we have created the Minnesota DWI Blog. Detailed information pertaining exclusively to drunk driving issues is available for your review.

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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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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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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 DUI and DWI statutes are contained in Minnesota Statutes Section 169A. Drunk driving offenses are addressed, along with driving under the influence of drugs or alchohol, underage drinking and alcohol consumption and felony DWI. We include an exhaustive list of the statutes below, with hyperlinks for convenient access.

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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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