Probable Cause / Search and Seizure

Posted on December 29, 2011 by kevinsiebenlaw

Even if you’ve never experienced it firsthand, you’ve probably seen this scenario play out in a movie: someone gets pulled over by a police officer, and a request is made for the driver to step out of the vehicle while the officer takes a look around the car.

You may think, “Wait a minute — isn’t that a violation of the Fourth Amendment?” The Fourth Amendment of the U.S. Constitution protects Americans against unreasonable search and seizure, and mandates that a warrant be in place prior to a search. The Minnesota Constitution (Article I, Section 10) aligns very closely with this amendment.

However, this isn’t as clear-cut as it may seem. Both the U.S. and Minnesota Supreme Courts uphold a whole slew of exceptions to the warrant rule, especially when there is “probable cause” to justify a search without a warrant.

So what’s probable cause? It’s a legal term to describe a scenario when a reasonable person can reasonably assume that a crime has been or is in the process of being committed. Assumption of a crime has to be weighed against the individual’s right to privacy.

Now you may be thinking, “Okay, so what’s reasonable? And what are examples of exceptions? And how can I make sure my rights are protected if I’m ever pulled over?” You’re smart to be asking these questions. That’s because there is a whole lot of gray area, and every case is different. That’s why it’s so important to seek the advice of an experienced attorney who can listen to the details of your case and fight for the best possible outcome for you.

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Staying Safe During The Holidays

Posted on December 8, 2011 by kevinsiebenlaw

It’s a fact: DUI patrols increase during the holiday season, and so do DUI arrests. With all the holiday parties over the next several weeks, you may well find yourself in a situation where you’re not sure if it’s safe to drive home.

Don’t assume you can slip home unnoticed, or “get home before the last drink kicks in.” Don’t be fooled by innocuous-seeming drinks like egg nog or sparkling wine, either. Check the percentage of ABV (alcohol by volume). Those sweet, festive drinks can add up quickly.

Holiday Party

When in doubt, secure a sober ride. Call a friend. Call a taxi. Hail a bus. Sound expensive or inconvenient? Try having a felony on your record.

If you do find yourself facing DUI charges, it’s not too late to reach out for help. Contact an experienced attorney who specializes in DUI cases. Speak with someone who will make you a priority and fight for your rights.

This holiday season, keep things merry and bright. Drink responsibly, know your limits, and know when to seek help. Let’s work together to make sure that 2012 starts out on a festive — and safe — note.

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Felony vs. Misdemeanor Drug Charges in Minnesota

Posted on November 11, 2011 by admin

We’ve talked a lot about drinking and driving, but there’s another topic that warrants (no pun intended) attention.

The topic? Drug charges. The official term is “Controlled substance” charges. According to 2010 Minnesota statute 152.01, controlled substance means “a drug, substance, or immediate precursor [….] The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.”

Translation: drugs; not cigarettes or alcohol.

Minnesota’s controlled substance charges are ranked on a scale of severity ranging from first degree (the most serious) to fifth degree (the least serious). Don’t be fooled by the term “least serious,” though — all five degrees constitute felonies.

Felony controlled substance charges all carry mandatory sentences, though — in the case of lesser offenses — prison time may be stayed. Still, even a fifth degree conviction carries a potential sentence of up to five years in prison and $10,000 in fines.

In Minnesota, misdemeanor controlled substance charges are generally reserved for possession of a small amount (1.5 ounces or less) of marijuana with no aggravating factors such as fraud, deceit, or simultaneous operation of a motor vehicle. Misdemeanor penalties often involve fines and required participation in drug education classes.

Minnesota has a history of very low tolerance for drug offenders. That’s why, if you or a loved one faces potential controlled substance charges, you need top-notch representation. Contact us today to learn more.

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3 Things To Ask Your Attorney Before Working With Them

Posted on November 9, 2011 by kevinsiebenlaw

If you’re faced with a legal challenge, now’s not the time to be hasty when it comes to your representation. Don’t just trust the ads; take the time to actually speak with a potential attorney. It may be one of the most important interviews you ever conduct. After all, it’s your case and your life.

Here are 3 types of questions you should be asking a potential attorney:

1) “What are your credentials?”
This means much more than a diploma on the wall: does the attorney specialize in your area of need? Have they taken on cases similar to yours before?

2) “What is your style?”
Does the attorney make a goal of reaching a settlement, or will he/she take an aggressive, fight-to-the-end approach?

3) “What can I expect?”
How should you expect to stay in contact with one another throughout the process? How often do you need to meet? As a client, will you work with the attorney you’re interviewing, or might you end up working with other members of his/her practice?

Attorneys are as varied as the clients they serve. You’re an individual, and you deserve to work with someone who will fit your needs and help you maximize the possibility of a positive outcome.

That means that an attorney shouldn’t be the only one asking questions.

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Can social media be used as evidence in court?

Posted on October 18, 2011 by kevinsiebenlaw

Think twice before you post a Facebook album full of photos from your next party. Those captured moments may come back to haunt you.

It may feel like the album — or any posts — are just between you and your friends, but that’s simply not the case.

Which leads us to the question: can social media be used as evidence in court?

The short answer is yes.

You may have heard about the “discovery” phase of a court proceeding. That’s when both the prosecution and defense gather (or “discover”) evidence before a trial. In this super-electronic age, this phase increasingly includes electronic discovery, or “e-discovery.”

So that Facebook album, post, or comment? In legal speak, it’s considered “Electronically Stored Information” and it is susceptible to discovery. Legal teams can even identify potential witnesses by looking at the people with whom you communicate on social networking sites.

While e-discovery is still subject to procedural restrictions and policies like any discovery process, your “private” online information is far from private.

If you have questions about how your online presence could be used against you in court, contact an experienced attorney today.

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Protecting your reputation after an arrest

Posted on October 12, 2011 by kevinsiebenlaw

Having an arrest on your record might score you extra points with a few people, but trust us — those aren’t the people you want to be around.

Unfortunately, having an arrest on your record carries a profound stigma, and it can interfere with your life and your relationships.

It’s true: telling your parents, grandparents, siblings, children, or significant other about your arrest will be challenging. But the ripple effect doesn’t stop there.

Many employers require disclosure of prior convictions. Having a conviction on your record can substantially interfere with your ability to secure a job.

That’s why it’s so important to have the best available legal team on your side as soon as possible, to minimize the chance that your arrest turns into a conviction.

If you’ve already been convicted of a crime, don’t give up. Speak with an experienced attorney to find out if you may have a case worthy of expungement. (Expungement is a type of lawsuit in which someone who has been convicted of a crime attempts to seal the records pertaining to that crime. If successful, expungement goes a long way toward effectively erasing the crime from existence.)

Your reputation is all you have. Don’t just say, “I was arrested.” Say “I was arrested, and I’ve secured a top-notch attorney to help me fight for my freedom and my rights.”

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Hunting, Drinking and Criminal Convictions.

Posted on October 11, 2011 by kevinsiebenlaw

Hunting is a favorite past-time for many Minnesotans and as with many favorite past times, some hunters like to enjoy an alcoholic beverage or two.  This raises the question, “is it ok to drink and hunt?”

Under Minnesota Statute, a person may not take wild animals with a firearm or by archery if the individual is under the influence of alcohol or a controlled substance.  A person is considered under the influence when the person’s alcohol concentration is 0.08 or more; when the person’s alcohol concentration is 0.08 or more within two hours of the taking of wild animals; or the person is knowingly under the influence of any chemical compound.  A person needs not be drunk in order to be found guilty of hunting under the influence of liquor; rather, they need only be under the influence to the extent that it would make it less safe for them to hunt than it would have been had they not been under the influence to any extent.

Even for those that do not wish to drink and hunt, your criminal record could prevent you from partaking in this past time.  With certain limited exceptions, the following individuals are not eligible to possess a firearm:

-          Persons under the age of 18

-          Persons who have been convicted of or adjudicated for a crime of violence or a felony-level drug offense

-          Persons who have been convicted of a nonfelony drug offense

-          Persons who have been charged with a crime of violence

-          Persons who have been convicted in another state of non-felony domestic assault or repeat assault

-          Persons who have been convicted of a felony punishable by imprisonment for more than one year

-          Persons who are currently charged with a felony punishable by imprisonment for more than one year

The moral of this story is to enjoy the fall weather and time with your friends while hunting, but know the requirements and be smart about it.  Make sure you are eligible to possess a firearm.  If you are going to consume any liquor, be aware of the regulations and the repercussions for failing to abide by the statute.  Have fun and good luck getting that trophy deer!

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Felony vs. Misdemeanor Drug Charges in Minnesota

Posted on October 7, 2011 by admin

We’ve talked a lot about drinking and driving, but there’s another topic that warrants (no pun intended) attention.

The topic? Drug charges. The official term is “Controlled substance” charges. According to 2010 Minnesota statute 152.01, controlled substance means “a drug, substance, or immediate precursor [….] The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.”

Translation: drugs; not cigarettes or alcohol.

Minnesota’s controlled substance charges are ranked on a scale of severity ranging from first degree (the most serious) to fifth degree (the least serious). Don’t be fooled by the term “least serious,” though — all five degrees constitute felonies.

Felony controlled substance charges all carry mandatory sentences, though — in the case of lesser offenses — prison time may be stayed. Still, even a fifth degree conviction carries a potential sentence of up to five years in prison and $10,000 in fines.

In Minnesota, misdemeanor controlled substance charges are generally reserved for possession of a small amount (1.5 ounces or less) of marijuana with no aggravating factors such as fraud, deceit, or simultaneous operation of a motor vehicle. Misdemeanor penalties often involve fines and required participation in drug education classes. Multiple misdemeanor convictions within a certain period of time can result in your conviction being elevated to a felony.

Minnesota has a history of very low tolerance for drug offenders. That’s why, if you or a loved one faces potential controlled substance charges, you need top-notch representation.

Contact us today to learn more.

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TV vs. Reality: What’s prison really like?

Posted on September 21, 2011 by admin

Even if you’ve never spent a second behind bars, you likely have an image in your mind. It’s an image built on a Hollywood sound stage and featured widely in TV shows and movies.

Some TV shows and movies portray prison as gritty and violent, while others have more of a “country club” feel.

So what’s the real story?

In short, it depends where you are. In the United States, the prison classification system ranges from Supermax prisons (which house those who are considered a threat to national security), to minimum security prisons (which are often work-oriented and typically house those convicted of less serious offenses).

The common theme: restrictions on personal freedom and privacy.

Prison Cell

Prisoners are bound by the rules and regulations of those charged with operating the prison. There’s no craft services table full of snacks. There’s no wardrobe trailer. There’s no hair and make-up team. And, perhaps most importantly, there’s no director around to yell, “Cut!”

Photo via Tim Pearce

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Long-term Monitoring for DWI’s

Posted on September 6, 2011 by admin

If you’ve been arrested for a first- or second-degree DWI, you could find yourself subjected to jail time even before sentencing. Some offenders post bail, while others may be required to submit to Remote Electronic Alcohol Monitoring (REAM).

Abstaining from alcohol is often a term of pre-trial release, but it’s not merely a request: REAM enforces the requirement with breath-alcohol measurements. These measurements are taken daily at a minimum, and could be even more often depending on the terms of your release.

In Minnesota, REAM is invoked in pre-trial situations for people who fall into one of the following categories:

  • A third implied consent or DWI violation within ten years;
  • A second violation, if under 19 years of age;
  • A violation while already cancelled as inimical to public safety for a prior violation; or
  • A violation involving an alcohol concentration of .20 or more.

REAM isn’t just for pre-trial scenarios. According to the Minnesota State Legislature, most third-time DWI offenders (and all DWI offenders under the age of 19) must submit to REAM “for at least 30 days each year of probation.”

Ready to be monitored? It may not be up to you. But you can get the support of a knowledgeable attorney who can ensure that your rights are protected.

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