Here and there I will talk to a prospective client who wants to discharge their Public Defender and hire private counsel. I believe that there is a lot of misconception, misunderstanding, and frankly unfair assumptions about Public Defenders. Before I start, I want to be upfront that I have been ...
A lot has happened for me over the last couple years. I got married, had a baby, bought a house, etc. I became a Judge Advocate Attorney for the National Guard. I lost a lot of weight. I killed the Legal Mustache. That's right; those of you who may remember me, I used to be heftier, and I used to...
On Tuesday of this week, I started my first jury trial. On Wednesday, the jury came back in less than an hour with a verdict of "not guilty" on both counts. The charges were Gross Misdemeanor Domestic Assault, Intent to Cause Fear, and Gross Misdemeanor Domestic Assault, Causing Harm. The reason...
In Minnesota, for felony offenses, the punishment for a crime typically goes by a chart. The standard chat can be found here. The drug offense grid can be found here. The sex offense grid can be found here. Let's focus on the standard grid and give a basic understanding of how things generally w...
The Implied Consent Hearing: Minnesota's Way of Eroding a DWI Suspect's Rights When one is arrested for a DWI, the law says that you must submit to a chemical test of your breath, blood (upon warrant), or urine (also upon warrant). To refuse to do so is a crime. If you refuse to take the test, o...
A Brief Layout on the Law Article 1, Section 10 of the Minnesota Constitution reads just like the 4th Amendment of the U.S. Constitution. It prohibits unreasonable searches and seizures. How does this apply to a traffic stop? Well, a police officer needs reasonable, articulable suspicion to pull...
One of the more difficult penalties associated with a DWI is the immediate license revocation. This is technically considered a civil penalty, and happens upon either test failure or test refusal. No conviction is actually needed. Test Failure For the first time DWI, if your alcohol concentrati...
Metrology is the science of measurements. The terminology of "uncertainty of measurement" captures the basic idea that measurements come with a built in uncertainty. The concept applies to the use of alcohol testing. Don't let anyone tell you that the machine is 100% accurate. If you blow into ...
It is well established law that the police do not need a warrant to search your car. However, they cannot search your car based upon mere suspicion or hunch. The police need what we in the legal field call "probable cause." Think of it like the police need to be able to articulate that there is...
Contact me for a free consultation. The first step is for me to work with you and come up with a plan to get the results you need. Through my understanding of the law and your understanding of the circumstances, we will craft a path to success. The sooner you have a plan of action, the better your chances of taking the correct steps to get the results you want.