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.

Former Hennepin County Judge Pamela Alexander handed down a ruling nearly twenty years ago that stated the 100:1 sentencing disparity between crack and powdered cocaine was racially biased. For her opinion she received death threats and was passed over on her nomination to a federal bench. Looking back—she has no regrets.

According to the Star Tribune, Alexander applauds Congress for their action but is “saddened” for all the people who have been sentenced under the biased law in the last twenty years. The ruling from Congress won’t be applied retroactively, which means that although the law has changed, those sentenced under the old law won’t see any adjustments in their sentences.

The new federal law takes the previous disparity and reduces it dramatically. However, it doesn’t completely eliminate it. The old law had one man convicted of possession of 1 gram of crack serving the same sentence as another man convicted of 100 grams of powder cocaine.

Now, that ratio is reduced from 100:1 to 18:1. Luckily, under Minnesota law, there is no disparity. Because of Alexander’s original ruling in 1991, the state Supreme Court upheld her decision and there has since been a 1:1 ratio when referring to state criminal cocaine charges.

Does this lack of crack-cocaine disparity mean you won’t face serious penalties if charged with an offense involving crack? No. Minnesota is still very tough on drug crimes, we just haven’t had the obviously biased crack law that the federal courts did.

First degree possession of crack or powdered cocaine can land you in prison for up to 30 years. This applies to situations where you were found in possession of more than 25 grams of the drug in question. 100 Kilos of marijuana will give you the same potential sentence.

Possession of drugs isn’t always the minor case people make it out to be. If you’re facing charges like these, you need the help of an assertive defense attorney, willing to go to work on your case, helping to ensure you get the best results possible.

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.

Over the past several years, laws have tightened down on the ingredients used to make meth. Cold medicines must now be logged and the components needed to make a profitable meth lab are harder to come by overall. While it would be nice if meth left the state altogether, it seems Mexican made meth is a hot commodity in Minn.

Officials say there is a “constant, steady stream” of the meth coming in. So far, in 2010, they have seized 108 pounds. There was 74 pounds seized in all of 2009, showing a dramatic increase.

Meth is a highly addictive and still easily made drug. While meth labs in the area used to produce large amounts, the local meth labs are far more likely to be “shake and bake” or “one pot” methods that usually provide only enough for personal use.

Only 18 meth labs are said to have been found last year. In 2003 that number was 410.

According to Minneapolis Police Lieutenant Brad Sporny, meth is the #2 drug in the state, next to cocaine. This may be part of the reason it is penalized so severely. Both state and federal laws classify drugs by their dangerousness and propensity for addiction.

What you are charged with when found in possession of meth depends on how much you have. The classification for meth is the same as for heroin or cocaine. More than 25 grams will land you a serious 1^st degree possession charge, punishable by up to 30 years in prison.

Far more likely, however, is a 4^th or 5^th degree possession charge. These are qualified by less than 3 grams of meth but are still considered felonies and carry serious penalties.

If you are facing meth charges or any other drug charges, contact us to discuss the details of your case.

According to the report from WDAY TV, 1 in 8 Minnesotans have a drunk driving offense on their record, and it is the most preventable cause of death in the state.

Currently, the bills are going through committees and haven’t made it to the Senate or House floors. When they do we will get a better idea of how the IID’s will be used. Most states with ignition interlock requirements have opted to only use it on repeat DWI offenders while others use it more freely, even on first time DWI convictions.

An ignition interlock device is a lock device installed on your vehicle that prevents you being able to start your car until you have taken a breath test. Most IID’s then periodically require a breath test while you are driving. Despite their wide use, the IID’s aren’t without their issues.

Problems frequently occur with the devices. From false positives to malfunctions, the driver is often stuck dealing with the after effects. In most states the installation and maintenance costs of an IID are the responsibility of the driver as well.

DWI laws in the state are fairly strict as it is. A first time drunk driving offense is typically charged as a 4^th degree DWI. This charge is considered a misdemeanor but can carry up to 90 days in jail. If your blood alcohol content is greater than .20% at the time of your arrest, however, the charge is elevated to a 3^rd degree DWI with a potential 1 year in jail.

When facing DWI charges, whether now or after the ignition interlock laws pass, you need a local defense lawyer on your side advocating for your interests. Call today to discuss your charges and how we can work together for a better outcome.

Ramsey County has a DWI Court and Anoka has a similar intensive program, both aimed at helping DWI offenders stop their destructive patterns and keep themselves and the community safer. Both programs involve intense supervision by the court and sobriety. The Anoka County program is only reserved for those people who have at least three DWIs.

Things like mental health counseling, alcoholics anonymous, and even in patient treatment can be requirements of these programs. Difficult, yes. But, they seem to be working. Statistics show that people who participate in these programs are less likely to be caught driving drunk than those who go through the typical court regimen.

In Minnesota, the penalties you face for DWI depend on several factors known as aggravating factors. If you are caught for the first time with no additional aggravating factors, you will likely face 4^th degree DWI and a potential 90 days in jail.

Aggravating factors that can increase your potential penalty include prior DWI convictions, a BAC greater than .20%, or the presence of a child in the car at the time of the DWI.

The most serious of all DWI offenses is 1^st degree DWI. This charge is applicable when there are at least three aggravating factors. This is a felony offense and carries a potential 7 year prison sentence.

When facing charges of DWI, whether it is your first or your fourth, you will have to deal with things like license suspension, plate impoundment, and even potentially losing your vehicle. With consequences like this, you have every right to be worried, no matter which county you are facing charges in.

If you are accused of driving under the influence and are in need of a defense attorney, call today. We can offer you a free consultation and some legal advice.

Currently in use in a Minnesota pilot program, an interlock device requires that a person with a DWI conviction have this rolling breathalyzer system installed in his or her car. The person must blow into the device, which will not allow the ignition to start if any alcohol is detected on his or her breath.

Groups opposed to first time DWI offenders, such as the American Beverage Institute, a trade group for bars and restaurants, promote the view that a requirement for this device on any first offense unfairly equates a one-time mistake of being slightly over the limit, with a serious alcoholic with multiple offenses, or someone who was charged with drunk driving, perhaps at twice over the legal limit of .08%BAC. While clearly biased towards not eliminating potential customers, the ABI generally supports these laws for multiple offenders, or high BAC (“extreme” drunk driving) cases.

Weighing in with the opposite clearly biased view, testimony by Smart Start, one of the manufacturers of these ignition interlock systems, came down strongly in support of this law.

There is a nationwide effort by MADD and other groups to promote 1st offense drunk driving conviction interlock laws. These laws are currently active in Arizona, Illinois, and at least six other states, with many other states like Maryland seriously considering similar proposals.

Our view on this matter is that ignition interlocks on ALL first offense drunk driving cases goes too far. Given that the court system is set up to make it very difficult to fight DWI charges, many people simply plead guilty with cases that are questionable and winnable, just to get their driver’s licenses back quicker.

Those people will now face a more difficult choice of whether to fight the charges in court or plead guilty and have to deal with the hassle and expense of an interlock system.

Counter-intuitively, these harsher laws may actually be good news for DWI defense attorneys. A defendant who barely blows a .08% BAC, or who refuses a breath test, and whose job depends on driving multiple vehicles will be more inclined to fight his DWI charges in court. If a guilty plea will automatically cost him his job, it can make sense to roll the dice for a chance at an acquittal.

According to the Oakdale Lake Elmo Review, the proposed bill includes better protection of domestic violence and sexual assault victims by “strengthening the language” of protection orders and “clarifying stalking legislation.” In addition, it seeks to give judges more tools when determining pre trial release and bail for such defendants.

Domestic violence is a hot topic simply because it affects so many families and is still clouded by a stigma of shame. The report delivered this week indicated 28 people in our state died as a result of crimes like this in the past year; three of them involved cases where protection orders were already in place.

In most instances of domestic violence, a temporary restraining order is issued the moment there is a reasonable allegation of abuse. Once an order like this is put in place, contact with the alleged victim is a criminal offense in and of itself. In extreme cases where the suspect is violent, police have little opportunity to enforce the restraining order until it is too late.

If you have been accused of domestic violence you know the stigma attached to crimes like this first-hand. Whether you are completely innocent or did something you now regret, the law is designed to protect the alleged victim in cases like this and despite the good intentions of those laws, it may leave you feeling unfairly targeted.

The charges you face for a domestic violence case depend on the details of the case itself and if you have any prior domestic convictions. If you do, your potential sentence can be elevated to a much harsher level.

In addition, if you are found in violation of a protection order, you can face charges completely separate from the initial assault charge.

When facing charges of this magnitude, you need a defense attorney in your corner. When it feels like everyone else is against you, we can be the legal advocates you require. Contact our lawyers today for a consultation on your case.