Should I talk to the police? People frequently ask – “Should I talk to the police?” If an officer calls you or asks you to call them or approaches you in person, the answer is always “no.” Often, when being questioned by the police, that if they cooperate and answer the officer’s questions it will …Continue reading "Why You Shouldn’t Talk to the Police"
A story in the Minneapolis Star Tribune caught our eye the other day. The story is about the National Alcohol and Drugged Driving Survey, which is meant to help the federal government gain a realistic understanding of how many motorists are driving while impaired. The survey has been collected since 1973, but the tactics being …Continue reading "National Alcohol And Drugged Driving Survey Questioned"
A study by the group Human Rights Watch indicates that only 3% of defendants in federal drug cases are going to trial – the rest are agreeing to plea deals with the prosecution. In a plea deal, you agree to plead guilty and the prosecuting attorney agrees to a specific sentence/punishment for the crime. Most …Continue reading "97% of Those Facing Federal Drug Charges Plead Guilty"
Attorney Anthony Grostyan recently took on a felony drug possession case. In this particular case the client was found with over three pounds of marijuana in their possession. Even though marijuana is only a Schedule 1 illegal drug, the amount of the drug was significant which merited felony charges. The possible penalties for a felony …Continue reading "Client Faced Felony Drug Possession Charges- Case Dismissed"
The Minnesota Court of Appeals determined that a district court erred when they ordered a Defendant to register as a predatory offender. See State of Minnesota vs. Stevie Junior Killett. Defendant Stevie Junior Killett was charged with third degree criminal sexual conduct, third degree attempted criminal sexual conduct, fourth degree criminal sexual conduct, and fifth …Continue reading "Predatory Offender Registration Not Required for Defendant"
A Dakota County District Court’s Sentencing Order was reversed by the Minnesota Court of Appeals because the District Court did not impose prison for the Defendant in a controlled-substance case. State of Minnesota vs. Brett Allyn Michling was reversed and remanded for resentencing because the District Court erred by not ordering Michling be committed to …Continue reading "Defendant to be Resentenced after District Court Erred by Imposing Jail in Lieu of Prison"
In State of Minnesota vs. David Steven Moody, the Minnesota Court of Appeals upheld the district court’s imposition of jail time for a Defendant who had no prior criminal record. Defendant David Steven Moody entered into an agreement whereby he would receive a stay of adjudication of his guilty plea to a fifth-degree controlled substance …Continue reading "Jail Time Found to be Reasonable Condition"
A district court’s order denying the suppression of evidence in a drug crime case was upheld by the Minnesota Court of Appeals in the unpublished decision State v. Ryan Anthony Colclasure. Defendant Colclasure brought a motion before the district court to suppress evidence seized on the basis that the search of his person was unconstitutional. …Continue reading "Suppression of Evidence Upheld by Court of Appeals"
In State v. Boerboon, a Minnesota Court of Appeals unpublished decision filed August 1, 2011, in a challenge by Defendant to a fifth-degree possession of controlled substance conviction, the Court upheld the conviction and determined that the search of Defendant’s vehicle was constitutional. Defendant argued that there was no probable cause to search his vehicle, …Continue reading "Search of Vehicle that Revealed Illegal Drugs Upheld"
In a concerning 8-1 decision decided May 16, 2011, the U.S. Supreme Court expanded police search powers and greatly reduced the constitutional protections against unreasonable search and seizures. The Fourth Amendment sets forth that 1) all searches and seizures must be reasonable, and 2) a search warrant may not be issued unless probable cause is …Continue reading "U.S. Supreme Court Widens Police Powers"