The warrant for the apartment in South Minneapolis mandated police announce themselves. They applied for a “no-knock” warrant, but did not receive it. The people who were in the apartment at the time of the raid said no one announced anything; they simply heard a loud noise and the door was busted in.

The man police were looking for was not at the apartment. When the police broke in, the resident of the home was seated on the floor playing a video game with a friend. His girlfriend, Rickia Russell was seated on the couch.

After the police broke in, a flash grenade rolled across the floor and landed at Russell’s feet. When it exploded, it took part of her leg, leaving an indentation and 3^rd and 4^th degree burns. It has since required weeks of hospitalization, months of physical therapy, and surgery including skin grafts removed from her scalp.

The police, not surprisingly, admit no wrongdoing. They claim the grenade was set down in the entry way, not rolled towards or thrown into the home. But Russell’s attorney argues that for the grenade to land where it did, the officers either threw it blindly or actually saw people in the room and threw it anyways. They also maintain that they announced themselves before breaking in the door.

Of the $1 million, Russell will receive $600,000 and her attorney will get $400,000. The officers received no discipline for their actions.

Police misconduct reports in the city were on pace to set a record this year. And although payouts by the city have dropped in number under police Chief Tim Dolan, their cost has doubled. $4.5 million was paid to a police officer who was mistakenly shot by another cop. $2.19 was paid to the family of a mentally disturbed man who was shot and killed by police in 2006.

When it comes to the use of SWAT teams with battering rams and grenades, the incidents seem to be on the rise. Though the cops in this case were searching for one man with one gun, they thought it necessary to bring 18 officers with shields and assault weapons.

The actions of police often seem extreme when compared with the actions of suspects. The same can be said whether we are discussing an arrest for drug possession or a traffic stop that results in a DUI charge. As the defendant in a criminal case, it wouldn’t be unusual for you to feel as if you were treated poorly by the police.

Often, your defense lawyer is the only one who seems to be interested in getting you a fair shake in the criminal justice system. If you are accused of a criminal offense, contact our offices today to discuss the details of your case and how we might be able to help.

Most robbery cases are handled by the state courts but incidents of federal prosecutors going after repeat-offenders under the Hobbs Act are rising. “It’s a tool for us to protect the community,” says special agent in charge Bernard J. Zapor of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. He claims there is a deterrent effect as people are leery of spending many years within the federal penal system.

The Hobbs Act applies when an act “prohibits the obstruction or delay of commerce” and since most robberies do interfere with commerce, they can be prosecuted under the law. One conviction under the Hobbs Act carries up to 20 years in prison.

According to the Star Tribune, one of the first cases of robbery to be prosecuted under the Hobbs Act was of a ringleader of a gang responsible to robbing 18 bars in the Twin Cities. He received 20 life sentences for nine such charges and others as well.

Convictions under the Hobbs Act range from McDonald’s, liquor stores, convenience station, and gas station robberies to carjacking a taxi. While 20 years seems like a long time for a robbery conviction, U.S. Attorney B. Todd Jones says “Some people you just can’t reach unless you use the heavy hammer of federal prosecution.”

Though cases being brought to federal court under the Hobbs act have grown, they are still rare. Typically, if you are charged with robbery, it will be in the state courts.

Robbery is a form of theft but is considered a crime against a person because it requires a threat or act of violence. Because of this, it is penalized more severely than a typical theft charge. Theft offenses are penalized according to how much you are accused of taking or the value of the theft. Obviously, the greater the theft is, the greater the charge and potential penalty are.

Whether you are accused of a simple theft or a serious armed robbery, you need someone on your side representing your best interests. These charges all carry the potential for jail time and other serious consequences. Contact our offices today to see how we can help.

The Minneapolis Star Tribune reports that this system, which can scan and identify thousands of license plates per hour, matches any licence tagged scanned with a database provided by the Minnesota Bureau of Criminal Apprehension.  Charges that could register a hit in this database include driving on a suspended license, an outstanding warrant for failure to appear in court, or even just unpaid fines.

And even if you are not considered a wanted person of interest by local, Minnesota or national law enforcement, your location has still been tagged and stored in a database. It is easy to imaging how massive amounts of data from thousands of these police license plate scanning systems can be combined, and data-mined for historical data. You can be passively tracked, and someone can search for exactly where you were, and at what time, when your car passed into view of one of these systems.

The potential for a massive police surveillance state fed by data from these scanners is ominously real.

Community groups have been formed and people lock their doors tighter than ever before, due in part at least to the misrepresentation of how things really are by the local media.

But not everyone is blind to how their perceptions may be flawed, “Sometimes I think I have a very big gap between reality and my perception. I perceive a greater danger than there probably really is” says one resident. And he is not alone, many people have grown distrustful of their fellow citizens and even neighbors, fearful they might be a criminal.

Rochester has grown significantly in the last decade, by 21% since 2000. In addition, the city has become much more diverse. Many of the newcomers to the city are racial minorities and immigrants.

Honestly speaking, the Chief of Police states “When people see that those people charged or arrested are frequently people of color, they begin to associate minorities with crime.” He sees growth and race playing a significant role in the unwarranted fear of crime.

Rochester is a relatively safe city, “consistently ranked among the best places to live” in the country. But for the people who live there it’s seen as a dangerous hotbed of crime. The murder rate is low, with only one or two killings per year. But the violent crime that does happen is thrust into the spotlight by local media.

Perhaps it’s because violence and crime make for interesting news that local stations take this route. It’s not unique to the Rochester area; it’s this way across the country. People are convinced every person they encounter is a potential criminal and even a friendly “hello” is often met with an eye of suspicion.

It can be difficult to get a fair shake in a society like this, where everyone is convinced crime is more rampant than it really is. If you are actually facing criminal charges, you can feel particularly targeted. You have become part of the problem.

Facing criminal charges is no walk in the park no matter how serious or minor they are. Having an experienced defense attorney on your side does, however, take some of the pressure off. If you are facing charges, contact our attorneys today for a free consultation.

WATCH is an advocacy group that works specifically in cases like those involving domestic violence, crimes against children, police brutality, and racial disparities. They simply send a volunteer to the court proceedings where they observe with red clipboard in hand. These clipboards are apparently part of Judge Nordby’s disdain.

According to the Star-Tribune, it’s the exchange that took place last December during the sentencing of a convicted child molester that initiated the complaint. The judge admits to having called out the WATCH volunteer, stating their red clipboards and mere presence are an intimidation not only to the judge on the bench but also to witnesses.

His attorney has commented stating Nordby doesn’t back down from his statements and has “the cajones” to stand up against WATCH. Nordby is 69 and has been serving on the bench in Hennepin County for 16 years. His upcoming retirement in less than a year may have a role in his “cajones”.

The intentions of a group like WATCH are noble. But when advocacy crosses into judicial intimidation, there is a problem. A judge is ideally placed on the bench for their unbiased and sound decisions. But by intimidating or pressuring them to fit a certain agenda, you risk the creation of activist judges—and pushing agendas is not the job of the judiciary.

What’s at issue in this case is whether the judge violated any rules or canons of judicial conduct. The WATCH organization says it’s within Nordby’s rights to complain about them all day long if he wants, in his personal life. But by airing his disdain on the bench, he has crossed a line.

When you are facing criminal charges, the last thing you want is a judge who has something other than true justice on his or her mind. Being tough on crime, throwing the book at drunk drivers, or pursuing activist-type agendas can be detrimental when done from behind the bench. Luckily, as a whole, Minnesota judges are just in their decisions and rulings.

This is just one of the reasons, however, you need a criminal defense attorney on your side that is willing to go to bat for your rights and your case. If you’re facing charges, contact us today for a free consultation.

Cases that carry a low threat of public safety, the defenders say, should be handled by a fine, not a mandatory court appearance. Loitering, petty theft, and misdemeanor trespassing are just a few of the offenses mentioned in this Brainer Dispatch article that they want to see moved.

Over the last three years public defender’s offices across the state have lost 15% of their staff along with massive budget cuts. Now, overworked and overloaded, the public defenders are looking to the courts to bring them some relief.

Prioritizing which cases need to be heard in a courtroom setting is an excellent way to minimize the burden on the defenders and everyone else involved. A courtroom trial for someone leaving a fishing line unattended hardly seems worth the time and the taxpayer’s money.

By moving these offenses out of the courts, citizens would be directed to pay a fine. If they felt they were not guilty, then they could go in front of the judge. It would be similar to getting a traffic ticket, though this would still be considered a criminal charge.

It isn’t clear what will come of this plea for assistance, though there seems to be definite opposition to moving even these nonviolent offenses out of the courtrooms. Executive Director of the Minnesota County Attorneys Association John Kingrey says, “Cattle rustling may not be a big deal in the Twin Cities, but….in the rural areas it is.” Certainly the victims of these alleged offenses may feel slighted by the change.

Other attempts at relief have been pursued only to be shot down. In Steele County a District Court judge recently denied reducing the caseloads of public defenders.

Regardless of the seriousness of the offense you are facing, if it’s a criminal offense, it should be taken seriously. Violent or not, if you are looking at a permanent criminal record and potential jail time you should really take a sobering look at what you’re up against.

Contact us today for a free consultation on your criminal case.

The article points out that the recidivism rate in Olmstead County is 47%. This is pretty dramatic and shows that perhaps the resources aren’t there to help people steer clear of a life of crime. While the common answer to this is more police, that doesn’t always have the positive effects people think it will.

Beech argues that “we can agree the legal system is underfunded”, but I wonder how much of this has to do with “underfunding” and how much has to do with a system that simply needs to be drastically cut back. By prosecuting every law violation and being heavy handed when it comes to jail sentences, the system isn’t only boosting expenses but creating a cycle of institutionalization—driving more and more people into the courts.

Rather than funding the system more, preventing crime and resolving those cases already in the system with more therapeutic measures could potentially help. While rehabilitative corrections is often seen as “coddling” from the tough-on-crime folks, it has been shown to be far more effective at decreasing recidivism than jail sentences and incapacitation.

If you’re facing criminal charges, you can be sure that the prosecution will try to see you convicted of the most serious charge possible. If the evidence isn’t there, however, they will likely be willing to bargain. And that’s where a defense attorney’s help can come in handy.

As someone facing criminal charges, you don’t want to go to jail. And honestly, it’s in the community’s best interest if you don’t. As Beech points out in her editorial “If former criminals succeed in changing their path, we all win.”

Finding an alternative to jail when you are up against criminal charges isn’t always that difficult. Depending on the charges against you and your criminal history, there’s a good chance you could get probation instead or even have the charges dropped altogether.

Once you have been brought into the criminal justice system, it can be difficult to get out. With each charge getting you a tougher and tougher sentence and each addition to your record making it harder to get employment, it’s no wonder the recidivism rate is so high.

When you are up against drug charges or even an assault, you need a defense attorney in MN willing to work on keeping you out of this vicious cycle. Contact us today for a free case evaluation on any Minnesota criminal charges you face.

So far in 2010, there have been 29 homicides, more than the total number of homicides for all of 2009. While many cities and states across the country are moving towards more lax gun control, Minneapolis is promising tougher penalties and more federal prosecutions.

Federal weapons charges can bring tougher sentences and no parole compared with those handled in the Minnesota state criminal courts. By handling these cases at the federal level, officials are hoping to keep people from offending beforehand and then keep them off the streets longer should the deterrence aspect not work.

A federal prosecutor at the press conference promises smart prosecutions stating they won’t be imprisoning kids who make a mistake. Instead, he wants to go after the “worst of the worst”—getting and keeping them off the streets.

This move doesn’t mean state courts won’t be handling gun crimes as well. Officials at both levels will be meeting weekly to determine which cases should be brought to the federal courts and which can be handled at the state level. Police, county attorneys, and federal agencies plan on working together to make this a cooperative effort.

Gun seizures are said to be up 32 percent from last year. Police estimate they confiscate about 1,500 weapons from the city streets every year. There is a never-ending supply of the weapons as the illegal gun trade continuously supplies them.

You don’t have to be a gun trafficker or convicted felon to run afoul of gun laws in this state, however. Even “recklessly handling a weapon” can get you misdemeanor charges at the state level, carrying up to 1 year in jail and $3,000 in fines.

I’ve even seen people who were facing criminal weapons charges and had no idea what exactly they did to break the law. That’s understandable considering how many laws there are controlling firearm ownership, transport, and usage.

If you are facing weapons charges, our attorneys can help you make sense of the case. Contact us today to discuss the specifics of your charges and what your options are for a tough and fair legal defense.

According to the Independent, a break in occurred on a truck last year. The window was shattered and several items were taken. Golf clubs, a GPS system, drills, and a sander were taken, bringing the value of the theft to about $4800.

Drops of blood were found at the scene and police decided to test the blood. They found that DNA in the blood was a match to DNA in the state database, belonging to a 24 year old Farmington man. That man now faces charges of felony theft.

We commonly think of DNA as being used in major murder and rape cases, violent cases where people are hurt. However, the Farmington police saw their opportunity to solve a crime and took it.

DNA is just another form of evidence, used similarly to fingerprints found at the crime scene. No two people’s prints are the same; nor is their DNA. However, physical evidence doesn’t have to be this strong for a state to get a criminal conviction.

The stronger the evidence against you, the more likely your case will go to trial. Most cases are resolved with a plea agreement and this is especially true if the prosecution isn’t sure that they will be able to get a conviction. If the evidence against you has holes or is questionable, we can likely work out a favorable plea bargain.

Evidence isn’t the only factor used in determining the likelihood of a plea bargain, though. Someone who has no criminal history is much more likely to see a great plea deal than someone with a long rap sheet. Call me today to discuss what your potential outcomes are.

Maybe you’re facing theft charges too. More than likely the state doesn’t have DNA evidence against you. Contact me to discuss the details of your case and the strength of the evidence against you—I can give you a fair analysis of your case for free.

In this article from Minnesota Public Radio, one man awaiting trial for identity theft and threats over the web, has had all Internet access removed from his home by order of the judge. The defendant shares this home with his 3 teenagers.

This sanction is most typically used in cases of child pornography where Internet access provided the means to commit the initial crime and is too big of a risk to allow the person access to the web again. But, with so much business and daily life now being conducted online, defense attorneys think the sanction may be too broad.

Perhaps in the future, judges will be able to narrowly apply the sanction—allowing defendants to pay their bills or apply for jobs over the Internet without accessing the “problem areas” of the Net that may be related to their case.

Judges are able to set unique sanctions against people while they are awaiting trial, as a condition of their bond (release). These conditions help ensure the public is safe while the person is out on bond, reducing the number of people who have to be locked in jail awaiting trial.

Similarly, a temporary restraining order can be put in place when you are facing domestic or assault charges. This ensures you have no contact with the victim. Sometimes, if a protection order isn’t warranted, the judge may just tell you to refrain from contacting the other party.

Sanctions like these can then be carried over to the sentencing phase. They can be made into a condition of your probation like random drug testing and weekly visits with the P.O.

Crime penalties are far more than jail sentences and fines. From losing your driver’s license to being required to take classes, you can be sentenced to all kinds of sanctions.

If you are facing criminal charges and want to know what exactly you are up against, contact our defense lawyers today. We can help you with a legal consultation and some valuable advice on any Minnesota criminal charges.