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 pair met when they worked together in 1994 and 1995. She was 18 years old at the time. The victim says they never had a romantic relationship and though they exchanged letters, when she moved away to Minnesota, she never intended to keep in touch.

The victim heard from the man again in 2008 when he contacted her on MySpace. They exchanged notes, though she never added him as a “friend” because she was said to have seen “red flags” that kept her cautious. After she cut off contact once again, the defendant began sending emails to police, asking them to check on her wellbeing.

The police finally checked on the victim in 2009 after the suspect contacted a city councilmember to complain about inaction on the part of the police. When the police met her, she asked them to not tell the defendant anything about her and expressed that she was upset by his actions and continued contact.

For the next several months, he would continue writing letters to the woman, sending them to various addresses. She took out a restraining order in July 2009. The defendant then traveled from California to Minneapolis, visiting three different addresses he had for the victim. Once he found the home where she was living, he left a note for her, asking that she call him. He then returned to California and, with new address in hand, sent her a large package containing every letter he had sent that had been returned, including one which he had burned.

The victim’s fear of the man is apparent as she claims she has had to seek medical attention for the stress-related ulcers she has. Throughout the period in question the suspect even contacted the woman’s parents.

When he was arrested, they found a map in his hotel room with her home and various other locations related to her marked out, though he claimed she and not he is the one with the problem. He wrote in a letter to his attorney: “Unless she gets the help she needs, [the woman] WILL end up being directly responsible for another person’s death within 10 years.”

He’s been charged with aggravated stalking and is being held in the Dakota County Jail on a $25,000 bond. These are very serious charges with potentially life changing penalties.

If you’ve been charged with a harassment or stalking crime, you need the assistance of an aggressive defense attorney on your side. Contact our offices today to discuss your case and how we might be able to help.

In 2008, 173 DWI arrests were made by Golden Valley officers. In 2009 that figure had climbed to 185. In 2010 it was up to 193. Not big jumps, but a gradual steady climb.

In 2009 there were 32,756 motorists arrested for DWI in the state. That’s about 90 each day, an obvious problem.

Officials with local law enforcement do what they can, developing increased patrols and checkpoints. But, they also want the public’s help. “Whether it’s a drunk driver or even just bad weather, drive defensively, keep your eyes open, call us if you suspect someone is driving impaired,” says a crime analyst with the Golden Valley Police Department.

It’s not that unusual for someone to have multiple DWI’s on their record. Though the penalties increase in severity as your convictions mount, there seems to be some drivers who keep coming back to the courts for similar charges.

First degree DWI is the most serious of all DWI offenses under Minnesota law and it’s a felony. This type of charge can haunt you forever, making it difficult to find employment and even harming your personal relationships.

In some situations, a driver accused of DWI may be eligible to receive alcohol treatment through the resources of the court. In this way, the criminal charges could be a blessing in disguise for someone who wants to stop drinking but can’t seem to do it on their own.

Across the state, law enforcement is beefed up to catch people found driving under the influence. So if you choose to drive drunk, it’s largely a matter of time before you are caught. Having an advocate on your side when you are arrested and charged can be a big relief in a situation where it seems like no one is on your side.

If you are facing DWI charges, contact our offices today to discuss the details of your case. We can talk about the options available to you and any treatment or diversion resources within the jurisdiction of your charges.

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.

Increased DWI enforcement isn’t unique to Labor Day weekend. In fact, it’s not unusual at all for police to heighten enforcement over nearly any extended weekend or holiday. Even Super Bowl weekend gets extra enforcement. But, police are reminding folks that they will be out in force this weekend and to watch out.

Minnesota State Patrol, along with local agencies, are working together to prevent accidents and injuries on the roadways this weekend. According to this article from the Northland News Center, one in seven drivers in Minnesota have a DWI on their record already, with more than 30,000 DWI arrests total every year.

Law enforcement and the public alike see Labor Day as the one last extended weekend of warm weather. This is the chance for last minute vacations and road trips, as well as barbeques and get togethers. The coordinator for Mesaba Safe Community Coalition states “Labor Day weekend is one of the most dangerous weekends on our roads.”

While drunk driving is very dangerous and against the law, most people who get behind the wheel after drinking truly believe they are okay to drive. And when as little as 3 drinks can put you over the legal limit, it’s easy to see why.

In Minnesota, the legal limit for blood alcohol content is .08%. Go over this on a breathalyzer test and you will be arrested. The problem with this is breathalyzers aren’t 100% accurate and infallible. As a matter of fact, they are prone to error.

If this is your first DWI charge, you are facing up to 90 days in jail and fines. Your license will likely be immediately suspended for a minimum of 90 days. As with most crimes, the penalties increase with the number of prior convictions on your record.

For multiple DWI offenders in Minnesota, you can even lose your car. Three or more convictions within ten years can lead to the state permanently taking your vehicle.

The repercussions of a DWI charge are far too serious to not have an aggressive defense attorney on your side. If you are facing charges like this, contact us today for a legal defense consultation.

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.