Criminal Defense FAQ2020-06-10T19:33:56+00:00

Criminal Defense FAQ

As criminal defense attorneys, there are some questions we hear more frequently. We’ve created this Criminal Defense FAQ page to address some of those common questions, related to DWI, police searches, being charged with a crime, assault charges, and whether you may need to an attorney. Can’t find what you are looking for here? Give us a call.

Call 651-455-1555 today to schedule a comprehensive consultation at no charge to you. We will listen to your story carefully and help you determine an appropriate course of action.
What is 4th Degree Assault in Minnesota?2022-03-23T15:51:30+00:00

Assault in the Fourth Degree protects a special class of persons such as law enforcement, emergency medical personnel, correctional employees, vulnerable adult and others.

There are five “degrees” of assault organized based upon severity level in Minnesota.

609.224 ASSAULT IN THE FOURTH DEGREE

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What is 5th Degree Assault in Minnesota?2022-03-23T15:48:00+00:00

To be found guilty of assault in the fifth degree, the person must: (1) commit an act with intent to cause fear in another of immediate bodily harm or death or; (2) intentionally inflict or attempted to inflict bodily harm upon another.

There are five “degrees” of assault organized based upon severity level in Minnesota, Assault in the Fifth Degree is the lowest.

609.224 ASSAULT IN THE FIFTH DEGREE

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What kinds of treatment can I expect after suffering a spinal cord injury?2021-06-24T12:07:48+00:00

Intensive Care Unit (ICU) Treatment

Immobilization of the entire spine is critical immediately after suffering the injury to prevent further damage and to identify other critical or life threatening issues. Standard ICU care, including maintaining a stable blood pressure, monitoring cardiovascular function, ensuring adequate ventilation and lung function, as well as preventing and promptly treating infection and other complications.

Surgery

Surgery is most common when a person suffers an incomplete SCI. If the spine is compressed from a herniated disk or a blood clot is formed and is restricting blood flow then surgery will likely be an immediate consideration. Even if surgery cannot repair damage to the spine, it may still be necessary in order to stabilize the spine and prevent further pain or injury.

Physical Therapy/Rehabilitation

The initial focus may be to strengthen and maintain existing muscle function, as well as redeveloping fine motor skills. You will be educated on the effects of your spinal cord injury and taught how to avoid complications.  Finally, you will be taught new skills and how to use various equipment and technology to improve your quality of life. The fastest rate of recovery will likely be seen in the first six months, with small improvements occurring up to two years after injury.

What are the different types of spinal cord injuries?2021-06-23T14:48:31+00:00

The severity of a spinal cord injury largely depends on what part of the spinal cord is injured. Injuries that occur closer to the brain will be the most severe and impact more bodily functions. Usually injuries to the spinal cord in the cervical (neck) region result in “quadriplegia” with associated loss of muscle strength in all four extremities. Injuries to the thoracic or lumbar (lower back) often result in paraplegia associated with paralysis in the legs and lower parts of the body.

What are the different levels of spinal cord injuries?2018-09-20T17:42:30+00:00

There are generally two levels of spinal cord injury (SCI), complete and incomplete.  A complete SCI produces total loss of all bodily function and control below the level of injury and affect both sides of the body equally.  This level of injury accounts for nearly 50% of all SCIs.  Commonly, the loss of function is caused by a contusion or bruise to the spinal cord or by compromise of blood flow to the injured part of the spinal cord.  An incomplete SCI is when some bodily function and control remains below the primary level of the injury.  A person with an incomplete injury may be able to move one arm or leg more than the other or may have more functioning on one side of the body than the other.

What are the signs and symptoms of a spinal cord injury?2018-09-20T17:35:48+00:00
  • Extreme pain or pressure in the neck, head or back
  • Tingling or loss of sensation in the hand, fingers, feet or toes
  • Partial or complete loss of control over any part of the body
  • Urinary or bowel urgency, incontinence or retention
  • Difficulty with balance and walking
  • Abnormal pain or pressure sensations in the thorax (mid-back between neck and abdomen)
  • Impaired breathing after injury
  • Unusual lumps on the head or spine
Why should I hire an attorney for my truck accident case?2018-09-18T21:07:33+00:00

These types of cases involve very sophisticated parties and because of this are often aggressively defended.  Additionally, these types of cases often require an in-depth and independent investigation in order to establish fault.  This involves an in-depth inspection into the driver’s driving logs, inspection logs, and truck load in order to determine if any state or federal regulations or safety standards were violated by the driver, his employer or the truck owner.  It is important for you to hire an attorney immediately after you’ve been involved in a truck accident to ensure that no evidence is lost and all of the necessary parties are involved from the very beginning.

Who can be sued in a truck accident case?2018-09-18T20:59:10+00:00
  • The truck driver;
  • the truck owner;
  • the trailer owner;
  • the company identified on the trailer; and
  • in some cases even the company that was responsible for loading the contents of the trailer (if it contributed to the accident).
How is a truck accident different from an ordinary auto accident?2018-09-18T20:56:20+00:00

Semi trucks are involved in interstate commerce and are therefore subject to many state and federal regulations.  Truck drivers and their vehicles are also subject to much higher safety standards.  This is primarily because the sheer size of a semi truck makes it likely that any type of accident can have catastrophic results.  It is for this reason that trucking companies are required to carry much higher insurance coverage.  Any violation of the regulations or safety standards can be a basis for establishing fault and securing just compensation for your injuries.

Is a dog’s owner covered by insurance?2018-09-18T20:43:50+00:00

Yes, almost all homeowner’s insurance policies protect owners against attacks and bites by their pets.

Can I bring a dog bite claim if I approached to pet it?2018-09-18T20:42:01+00:00

Yes, for the most part.  The important question is going to be whether you did anything to provoke the dog into biting.  Provocation can be established if you were yelling or hitting the dog, or if you were in the dog’s face and acting aggressive towards it.  In some cases, grabbing a dog’s tail or ear can be enough to provoke it to bite.  However, simply walking up to a dog in a friendly manner and petting it will generally not establish provocation.

What information should I collect if I was involved in a dog bite?2018-09-18T20:36:23+00:00

First and foremost, you need to get the name, address and contact information of the dog’s owner, as well as the location of where the bite occurred.  You should then get the name of the dog owner’s insurance company and try to find out any information regarding whether or not the dog has bitten anyone in the past.  Finally, photographs of the injuries are very important and should be taken as close to the time of the dog bite as possible.  It is equally as important to take photographs as the bite wound heals to show progress and establish whether or not its going to leave permanent scarring.

How long does an expungement take?2016-09-29T21:54:07+00:00

At least 4 months. By law, at least 63 days must pass from when your forms are served to the government agencies to when a judge holds the hearing to consider your request. If the judge grants the expungement, another 60 days will pass before the court actually seals your record.

What is an expungement?2016-09-29T21:51:47+00:00

An expungement is a sealing of your criminal records. This action does not completely “erase” your criminal case history, but it does limit who can see it. If you record is expunged, a sealed state court record still exists but it is “invisible” to the general public. Most employers and landlords cannot see sealed records; law enforcement and immigration agencies can see them.

Sealed cases can be reopened in certain types of employment checks, including criminal justice agencies, human services, and Department of Education jobs.  Sealed cases can be reopened for criminal investigations and for sentencing or probations services, or for other reasons by a court order.

My case was dismissed, do I still have a record?2016-09-29T21:49:41+00:00

Yes. You have a public criminal record that says you were charged with a crime and that your charge was later dismissed.

What part of my criminal case is public?2016-11-20T19:57:46+00:00

The type of crime charged, the name of the court that convicted or dismissed the charges, the date of conviction or dismissal, a description of the sentence served, if any, and other details of the crime and court process are public. Employers, landlords or any other person can view these records.

If I find lost property can I keep it?2016-09-29T21:44:59+00:00

Finding lost property can lead to theft charges if you do not first make a reasonable effort to find and turn over the property to the true owner. It is best to turn the property over to authorities, if they do not find an owner then it may become yours.

What are the different theft levels?2016-09-29T21:43:06+00:00

Theft offenses range from a misdemeanor to a serious felony. Theft of property under $500 is a misdemeanor offense. Theft of property valued at $500 to $1000 is a gross misdemeanor. $1,000-$5,000 is a 5-year felony offense. Theft of property more than $5,000 is a 10-year felony. Finally, theft of property over $35,000 is a 20-year felony.

What is a “small amount” of marijuana?2016-11-20T19:57:46+00:00

A small amount of marijuana means 42.5 grams or less. It is even less if you are in a motor vehicle. A person in possession of a small amount of marijuana is only guilty of a petty misdemeanor. Possessing or selling any amount over 42.5 grams is a felony level offense.

Drugs were found in my car does that prove possession?2016-11-20T19:57:46+00:00