According to the State of Minnesota Judicial Branch website, drug courts are an effective problem-solving approach for dealing with alcohol and other drug addicted offenders in the judicial system.  Drug courts closely monitor the defendant’s progress toward sobriety and recovery through ongoing treatment, frequent drug testing, regular mandatory check-in court appearances, and the use of a range of immediate sanctions and incentives to foster behavior change.

In drug court, judges collaborate with other traditional court participants (prosecutors, defense counsel, treatment providers, probation officers, law enforcement, educational and vocational experts, community leaders and others), whose roles have been substantially modified, but not relinquished, in the interest of helping defendants deal with addiction.

If you have any questions regarding drug court, please do not hesitate to call me.  I look forward to helping you through your legal problems.

Canadian tourism industry officials say the tightened border restrictions have resulted in thousands of American customers being turned away at the border, resulting in the loss of millions of dollars of revenue.  Because of this lost revenue, the Canadian tourism industry was able to pressure their government to develop a new policy which began March 1, 2012.   Under this new policy, people with one minor conviction can get a free Temporary Resident Permit to enter Canada.

Even though Canada has somewhat eased its restrictions on American’s with DWI’s, you still can be prevented from entering Canada based on just one DWI or DUI.   The new policy still leaves admission to the discretion of the border officer.   Additionally, this change in policy doesn’t give those with a DWI conviction an unlimited free pass; the Temporary Resident Permit is a onetime exemption for travel into Canada.

If you have been charged with a DWI or DUI and are worried about the implications a conviction could have on your travel to Canada it is imperative that you contact a knowledgeable DWI attorney today.  The right lawyer at your side could mean that you get to enjoy those family hunting and fishing trips for years to come.

There are currently 12 states that prohibit the use of roadblocks.  These states are Alaska, Iowa, Idaho, Minnesota, Michigan, Montana, Rhode Island, Oregon, Texas, Wisconsin, Washington, and Wyoming.  These 12 states consider the checkpoints unconstitutional.

Minnesota’s main opposition to the use of checkpoints is that states that have legalized checkpoints have yet to prove the effectiveness of these roadblocks.  Minnesota has also pointed to the fact that the primary purpose of these checkpoints is to check for intoxicated drivers, but many officers have strayed from this purpose and have issued tickets for expired licenses, seatbelt violations, and other administrative issues.   Minnesota honors the Fourth Amendment of the United States Constitution that prohibits law enforcement agents from performing unreasonable searches and seizures of private citizens which makes illegal the setup of sobriety checkpoints.

Minnesota laws have declared these DWI checkpoints to be in violation of Minnesota’s state constitution.  Before considering their approval, Minnesota law will require proof of their effectiveness and an increase in arrests.

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.

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.

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.

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.

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.

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.

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.”

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!