If you plead guilty to an offense in Minnesota that triggers a presumptive commit to prison, then your attorney may request a dispositional departure. A motion for a mitigated dispositional departure asks the sentencing judge to not send you to prison. If the judge grants the motion, the court may place you on probation and…
If you want to maintain your innocence, but take advantage of a plea offer from the prosecution, then an Alford plea may be for you. This differs from a Norgaard plea, which is when a defendant is unable to recall what happened, but believes they will lose at trial based on the evidence the prosecution…
If you are unable to recall the facts of your case, but want to take advantage of a plea offer, then a Norgaard plea may be appropriate. Norgaard covers situations where the defendant was too intoxicated at the time or just flat out does not remember what happened. This differs from an Alford plea in…
Short answer: unlikely for most people. Longer answer: it depends on how serious your first DWI is and where in Minnesota your DWI occurred. Most first time MN DWI offenses are 4th Degree DWIs. This is the least severe DWI for first-time offenders who have an alcohol concentration level below .16. It also is the…
In Minnesota, the cost of a DWI generally varies based on the severity of the charge. The more serious the charge, the more likely it is going to cost you more money. There are four degrees of DWI in Minnesota. The most serious is a first-degree felony DWI. The least severe is a fourth-degree misdemeanor…
In Minnesota, DWI and DUI are basically synonymous terms. DWI stands for Driving While Impaired. DUI means Driving Under the Influence. Some states use DUI, others DWI, and some OWI. They all basically mean the same thing – that someone was driving while under the influence or while impaired. Minnesota uses the term DWI –…
Yes. It is worth getting a lawyer for a DUI in Minnesota. Of course, you expect that to be an answer from a private law firm practicing criminal defense. But, a DUI lawyer who knows the nuances of DUI laws can add a level of knowledge that you otherwise may not have. Further, being charged…
When evaluating whether you can beat your DWI case in Minnesota, a common first analysis is to look at how you came in contact with the police. Often, DWI cases start with a traffic stop. Others may begin with the vehicle already at a place of rest. In either scenario, you will want to review…
After an incident, it might be weeks, months, or even years before prosecutors bring formal charges against a defendant. In State v. Banks, the Minnesota Supreme Court ruled that a complaint can be dismissed under Rule 30.02 of the Minnesota Criminal Rules of Procedure if the prosecutors unnecessarily delayed in bringing those charges. In order…
Last week, Attorney Robert Ambrose won an implied consent hearing in Hennepin County District Court. An implied consent hearing is a challenge to a person’s driver’s license being revoked in connection with a DWI case. To keep a person’s driving record from reflecting a revocation for a DWI, you must prevent a DWI conviction in…
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