Spreigl Evidence: The Basics So you're charged with a crime and are gearing up for a jury trial. Do you have a criminal past? Did you know that the government may be able to use evidence of your criminal past against you? In Minnesota this is commonly referred to as [...]
Charges: 1st Degree Murder [...]
Is your current or past criminal offense affecting your ability to get into the deer stand this year? ***Notice: This article is not intended to be legal advice. Every criminal case has its own set of unique circumstances. If you have questions about your specific case contact your attorney. If you do not have an [...]
What level of service can you expect from us as your criminal defense attorneys? First and foremost, WE GET THE JOB DONE! Practically speaking that could mean winning your case outright (i.e. acquittal or dismissal of charges) or securing the best possible outcome for you. As a criminal defense law firm our mission is [...]
The Minnesota State Bar Association announces the recertification of Patrick L. Cotter, Sieben & Cotter, PLLC, as a Minnesota State Bar Association (MSBA) Certified Criminal Law Specialist. This Certification program is administered by the MSBA and approved by the State Board of Legal Certification. The certified specialist designation is earned by leading attorneys [...]
Plain View Exception to the Fourth Amendment: A General Discussion Generally, the Fourth Amendment to the United States Constitution and Article I, Section 10 of the Minnesota Constitution require police to attain probable cause and a warrant before a search of property or seizure of a person will be deemed reasonable [...]
Minnesota Supreme Court: BB Gun Not a Firearm Can a Felon Possess a BB Gun Under Minnesota Statute § 609.165? On October 19, 2016, the Minnesota Supreme Court addressed the question: "whether an air-powered BB gun is a 'firearm' under the felon-in-possession statute, Minn. Stat. § 609.165 (2014)." The statute makes [...]
Pre-Conviction DNA Testing On October 13th, the Minnesota Supreme Court will review State v. Emerson where the Dakota County district court prevented a sheriff from collecting a DNA sample from a person charged with second-degree assault with a dangerous weapon where the trial resulted in a hung jury and he was not convicted of the crime. [...]
Blood Draw Search Warrants What Evidence Can Authorities Search Your Blood For in the Context of Criminal Vehicular Operation? A recent Minnesota Supreme Court decision, State v. Fawcett, No. A15-0938, (Minn. Aug. 24, 2016), held that probable cause supported the search of Defendant’s blood and the search permitted testing for [...]
Minnesota's New Drug Sentencing Laws After a long battle in the legislature, many sentencing guidelines are being reduced for first and second degree possession offenses, while reserving the more severe punishment for high-level drug dealers, or violent offenders. The following is a brief overview of the changes that took effect [...]
Top Reasons to Hire a Criminal Defense Attorney We know the law and the legal process A criminal defense attorney has spent years studying the law, and is intimately familiar with the criminal-law landscape. In every criminal case, there are mountains of court documents, deadlines, and precise legal procedures. Sorting through and tracking these are time-consuming and [...]
Acquittals, Convictions and Everything In Between: Understand What the Disposition of Your Case Means for You Understanding the outcome of your case is very important because of the lasting impacts that it can have on your life. Below we will discuss the terminology associated with the various case dispositions, as well as, the consequences that [...]
Is Your Electronic Data Safe from the View of the Government’s Eyes? In this evolving digital age, vast amounts of personal data are available at your fingertips. This data ranges from text messages, voicemails, photographs, videos, and notes saved on your personal device to emails and posts to social media. Importantly, just because it is [...]
Charged with a Federal Crime? If you have been charged with a federal crime, you may be asking yourself, “Do I need a lawyer?” For a number of reasons, the answer is “YES.” Federal cases are handled very differently than state cases. First, and foremost, federal charges are more severe, and carry much stiffer penalties [...]
Ask the Attorneys: As criminal defense attorneys, there are some questions we hear more frequently. We've created a Criminal Defense FAQ page to address some of these more common questions. Do you have a general question about DWI, police searches, being charged with a crime, criminal procedure, or whether you may need an attorney? Check [...]
