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St. Cloud Minnesota Criminal Defense Law Blog

What Is Going To Happen At My First Court Appearance?

For many people, the thought of appearing in court for criminal charges is terrifying. What will happen? What will the judge say? What should I say? Am I going to jail?

At your first appearance in court on a criminal charge, generally four things happen. First, the judge will ask if you are the person named in the complaint. Second, the judge will make sure that you have been advised of and understand your constitutional rights. Third, the judge will ask if you understand the charges against you. Last, the judge will set release conditions. READ MORE...

Can I Get a DWI Driving on a Frozen Lake?

With colder weather upon us, many Minnesotans will be taking to the ice in search of a bucket of a fresh fish to fry up for dinner. Some have had better luck than others. For those who were hoping to find Crappie City but instead only caught Bottle Bass, the question of, "Can I get a DWI out here on the ice?" might have crossed their mind. READ MORE...

Driver Successfully Challenges Constitutionality of DWI Forfeiture Statute

The Minnesota Court of Appeals ruled in Megan Ashley Olson, et al., v. One 1999 Lexus MN License Plate No. 851LDV VIN: JT6HF10U6X0079461 that the DWI forfeiture statute, as applied to Ms. Olson, is unconstitutional.

Minnesota Statute § 169A.63 governs when a vehicle may be forfeited. In Minnesota, when someone is arrested for a "designated offense"-First Degree DWI, Second Degree DWI, getting a DWI while your driver's license is canceled as inimical to public safety, or getting a DWI while driving with an alcohol-restricted license-the vehicle they are driving at the time of the offense is subject to forfeiture. When this happens, the driver can contest the validity of the forfeiture by filing a demand for judicial determination. READ MORE...

Keep Your Pistol Out Of Arm's Reach When Under The Influence

The Minnesota Supreme Court ruled recently in State v. Prigge that a person under the influence of alcohol who is driving a vehicle with a pistol within arm's reach can be charged with a crime.

In Prigge, the defendant was arrested for DWI. Law enforcement performed an inventory search of the vehicle after the arrest. During the search, law enforcement found a loaded pistol in the center console. The defendant was charged with violating Minnesota Statute § 624.7142, subd. 1(4). READ MORE...

Why Did I Get A Ticket For A Fender Bender?

Many Minnesotans will find themselves on the side of the road this winter with their flashers on having just been in a fender bender. Unfortunately, the hassle of getting your car repaired may not be the only thing you have to deal with. You may receive a citation for failing to drive with due care. READ MORE...