If you have been charged with a crime, the information below will help you better understand the circumstances of the crime, and the ways in which I can assist you.
Shoplifting
In Minnesota, Misdemeanor shoplifting charges involve theft of items valued under $250.00. Gross Misdemeanor Shoplifting cases involve theft of items valued at $250 but less than $1,000.00. Misdemeanor offenses carry a maximum penalty of 90 days in jail and a $1000.00 fine. Gross Misdemeanor Shoplifting carry a maximum penalty of 1 year in jail and a $3,000.00 fine.
Do not fool yourself into thinking that the value of an item has a bearing on the outcome your case. You do not want to be interviewing for your dream job only to have to tell your potential employer “it was only a twenty dollar item.” Once a thief, always a thief is what most employers will think of you!
Remember, although you want to avoid jail time and fines, you must do everything you can to keep a theft matter off your record. Do not go to court alone and try to negotiate with a prosecutor just to avoid jail time. That is not enough! I may be able to keep a shoplifting matter off your criminal record. Remember, once a theft conviction goes on your record it DOES NOT COME OFF! A theft conviction WILL prevent you from getting the job you want and it may prevent you from becoming a professional.
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Credit Card Fraud
Credit Card Fraud charges are typically felony offenses, carrying varying maximum state prison times and very serious fines. Like all theft charges, you must do everything possible to keep this type of charge off your criminal record. Do not go to court alone and try to negotiate with a prosecutor just to avoid jail time. That is not enough! I may be able to keep a credit card fraud matter off your criminal record. Remember, once a theft conviction goes on your record it DOES NOT COME OFF! A theft conviction WILL prevent you from getting the job you want and it may prevent you from becoming a professional.
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Check Fraud
Check Fraud charges are typically felony offenses, carrying varying maximum state prison times and very serious fines. Like all theft charges, you must do everything possible to keep this type of charge off your criminal record. Do not go to court alone and try to negotiate with a prosecutor just to avoid jail time. That is not enough! I may be able to keep a check fraud matter off your criminal record. Remember, once a check fraud conviction goes on your record it may not come off! A check fraud conviction WILL prevent you from getting the job you want and it may prevent you from becoming a professional.
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A brief note about Minnesota DWI laws.
The Minnesota Driving While Impaired Law is the most complicated area of criminal law. The Minnesota DWI Law affects your ability to drive, your criminal record and even affects whether you can keep the motor vehicle you were driving. Penalties and procedures vary from county to county and sometimes from city to city. Anyone seeking advice in the area of DWI law should speak to an attorney who practices in this area of law. I have twenty years of DWI defense. In addition, time limits to contest a DWI are very short and once those time limits expire, your rights are lost. Remember, even if the State does not prosecute your DWI, the DWI will go on your driving record and you will still lose your driving privileges unless you file a Petition for Judicial Determination, commonly known as an Implied Consent Petition. You have only thirty days from the date of notice of revocation to file the Implied Consent Petition. Again, if you do not file the Petition challenging the revocation you will have a DWI on your driving record. The court date you have to appear has nothing to do with the revocation of your driving privileges. I encourage you to call me, I have been defending persons charged with DWI for twenty years.
Fourth Degree DWI
In Minnesota, a Fourth Degree Driving While Impaired offense is a misdemeanor punishable by no more than 90 days in jail, a $1,000.00 fine and loss of your driving privileges for 90 days. The loss of your driving privileges has nothing to do with the criminal charge. In fact, even if the State does not prosecute your DWI, the DWI will go on your driving record and you will still lose your driving privileges unless you file a Petition for Judicial Determination, commonly known as an Implied Consent Petition. You have only thirty days from the date of notice of revocation to file the Implied Consent Petition. Again, if you do not file the Petition challenging the revocation you will have a DWI on your driving record. Call me, I can help you.
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Third Degree DWI
In Minnesota, a person can be charged with Third Degree Driving While Impaired if that person tested over .20 (even if it is a first time!), had a prior DWI conviction or DWI revocation, tested over .08 and had children present in the vehicle at the time of the stop, or refused to take a alcohol concentration test, commonly referred to as a “test refusal”. Punishment for this offense can be severe. In the case of a refusal, a person can lose his or her privilege to drive for one year, face a thirty-day mandatory sentence, face a jail sentence of up to one year and pay a fine of up to $3,000.00. Call me, I can help you.
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Second Degree DWI
In Minnesota, a driver can be charged with Second Degree DWI if he or she:
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Two DWI related drivers license revocations or DWI convictions in the past ten years, or
- Has one DWI related driver license revocation in the last ten years and refuses to provide a breath, urine or blood sample for testing during the current offense
- Has a child the vehicle at the time of the stop and refuses either provide a breath, urine or blood sample for testing or does provide a sample for testing and the test result in a charge of over .20
- Provided a sample for testing and the result was .20 or more has on prior DWI driver's license revocation or DWI conviction within the last ten years.
Punishment for some Second Degree DWIs can be severe, with minimum sentences starting at 90 days and possible loss of driving privileges for one year. The maximum penalty is one year in jail. In some cases, the car involved is seized by the State and may be forfeited. If that is the case, the owner must act quickly to stop the forfeiture. Unless the owner sues within thirty days to claim the car it wil be forfeited. Call me, I can help you.
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First Degree DWI
In Minnesota, First Degree DWI is a Felony, with a maximum state prison sentence of up to seven years. A person can be charged with First Degree DWI if he or she has three prior DWI convictions or DWI driver’s license revocations in the past ten years or has a prior Criminal Vehicular Operation resulting in death, or has a prior felony DWI conviction. Call me, I can help you.
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Domestic Assault & Assault
In Minnesota, Domestic Assault is typically a misdemeanor punishable by up to ninety days in jail and a one thousand dollar fine. Do not be fooled into thinking that simply because the victim wants the charges dropped that the prosecutor will dismiss the case. Once charges are filed, the State, not the victim, prosecutes you. In some instances, the state may not need the victim to cooperate with the prosecution. Domestic Assault is a very serious crime, often a no-contact order is issued preventing you from contacting the alleged victim, going home, or seeing your kids. Pleading guilty to it may result in a loss of a right to retain firearms and often courts set lengthy and difficult probation conditions upon the defendant. In addition to the above, Gross Misdemeanor Domestic Assault and Felony Domestic Assault usually require mandatory jail sentences. Call me, I can help you.
In Minnesota, depending on the facts and circumstance, persons charged with assault can face a misdemeanor charge, gross misdemeanor charge or a Felony charge. If you have been charged with an assault, call me, I can help you!
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Felony Drug Offenses
In Minnesota, Possession of a Controlled Substance, except for a small amount of marijuana, is a felony punishable by a state prison sentence. It is important that you contact my office so that I can properly advise you if you have been charged with possession or sale of a controlled substance. Call me, I can help you!
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Traffic Offenses
Traffic Offenses: Minnesota has various types of driver’s license violations. Driving after Suspension, Revocation and some Cancellation charges are all misdemeanors punishable in some cases by up to ninety days in jail and one thousand dollar fine, plus possible loss of your driving privileges. Call me. I may be able to help you! A Gross Misdemeanor Driving after Cancellation charge carries a maximum penalty of one year in jail and a three thousand dollar fine. Call me I may be able to help you! Remember, if you are currently on probation, these types of offenses can trigger a probation violation meaning you are looking at more jail time than just 90 days! If you are charged with a small amount of marijuana in a motor vehicle you must try to have that charged dismissed. Employers often check applicant’s driving records and do not hire persons who plead guilty to this offense. In addition, the Department of Public Safety may revoke your driving privileges! Call me, I can help you!
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Probation Violations
Probation Violations: If you are currently on probation and you have a new offense, it is important that you speak with a criminal defense attorney as quickly as possible. The new offense can trigger a probation violation. Probation violations are serious because any previous agreement you negotiated with prosecutor or with the court is in jeopardy! This means that time that was stayed from your previous case can be executed, meaning you may have been exposed to a lengthy jail or prison sentence! Call me, I can help you!
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Automobile Forfeiture
Automobile Forfeiture: In Minnesota, the State can seize and designate a car for forfeiture if the operator is charged with a designated offense. Such offenses can include Second Degree DWI, First Degree DWI, prostitution offenses, Fleeing a Police Officer in a Motor Vehicle, or Drug Offenses. The State can seize the vehicle even if the operator’s name is not on the title of the vehicle. Remember, you or the vehicle title owner have rights but you have only a very short time in which to try to get the car back! Once the time limit expires, the car is automatically forfeited. Call me, I can help you!
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Other Charges
Other Types of Charges or Offenses: If you have been charged with a crime but you do not see it listed above, call me. My initial telephone consultations are always free and I am sure I can help you.
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