Marijuana Odor and Police Searches Odor of Marijuana alone is not enough to search a vehicle On September 13, 2023, the Minnesota Supreme Court held in State v. Torgerson that marijuana odor alone is not enough to search a vehicle. Torgerson was stopped by law enforcement for a traffic violation. [...]
Do I Need a Criminal Defense Attorney? If you are considering hiring an attorney, this article could change your mind. You may be wondering whether hiring a defense attorney is really necessary in your case. You may be surprised to learn several ways that an attorney can help you and [...]
Legalization of Recreational Marijuana In 2023, the Minnesota State Legislature legalized the possession and sale of recreational marijuana in Minnesota. As you may have heard, the Minnesota State Legislature legalized the possession and sale of recreational marijuana in Minnesota. The new laws take effect on August 1, 2023. This article [...]
Wrongful Death Statute Changes In 2023, the Minnesota State Legislature made changes to the wrongful death statute: family may now seek damages for pain and suffering. Under Minnesota Law, a family is entitled to seek compensation if a loved one’s death was caused by carelessness or criminal negligence. During the [...]
Partners Sieben & Cotter Recognized 10 Years, Minnesota Super Lawyers 2023 Attorneys Tom Sieben and Patrick Cotter, founding partners of Sieben & Cotter Trial Lawyers PLLC, celebrate 10 Years' rating by Super Lawyers in 2023. Both Tom and Patrick provide expert defense for their clients, and are proud to announce this decade of recognition. Super [...]
The Miranda Warning and Your Rights Depending on your situation, not being informed of your rights prior to police questioning could affect the outcome of your case. The police did not read me my rights when I was arrested, what should I do? Potential and current clients often ask [...]
Domestic Assault Charges I have been charged with domestic assault, what should I do? If you or someone you know has been charged with domestic assault, it is important to seek the advice of an experienced criminal defense lawyer. As will be explained in this article, even a minor [...]
Charges dismissed because of violation of clients’ rights to a speedy trial Attorneys Tom Sieben and Alex Hertogs recently obtained the complete dismissal of charges by arguing that their clients’ right to a speedy trial had been violated based on Doggett v. United States. In one case, Tom Sieben’s client [...]
Harassment Restraining Orders in Minnesota Learn what action to take if a harassment restraining order is issued against you. Public record of an HRO can create unwanted challenges in finding work or housing, so it's important to act quickly. I have been served with a harassment restraining order, [...]
If you have been in a car accident and were injured, medical costs can add up quickly. Knowing who is responsible for payment relieves stress and puts your focus on recovery. Who pays your medical bills right after a car accident? When someone gets into a car accident [...]
Minnesota Association of Criminal Defense Lawyers President's Column Patrick Cotter, MACDL President I have had the privilege of serving as your MACDL President this past year. Thank you for the honor to represent this remarkable group of professionals. During this past year, while the world around us continued to evolve [...]
Should I take a plea deal? What are the potential benefits and disadvantages of taking a plea deal versus going to trial? Important: This is not meant to tell you what to do in your specific case. Each case is different and requires an experienced criminal defense lawyer’s advice before [...]
Is one eyewitness enough to prove that you’re guilty of a crime? However unfair as it may seem; the prosecutor can file charges against you even if they only have one eyewitness to support the charges. In domestic assault and criminal sexual conduct cases, often the only eyewitness the prosecutor [...]
Dual Threat Trial Lawyer Attorneys with both criminal and civil personal injury trial expertise are becoming less common The practice of law continues to become more and more specialized. The art of a litigating a trial before a jury continues to diminish, particularly in civil cases where the number of [...]
The Lesser Crime The American Criminal Justice System places immense power in the hands of the prosecutor. Clients often ask, “doesn’t the judge decide my case?” More often than not, the answer is no. A Judge’s power in a criminal case is more limited than the power of the prosecutor. [...]
