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# Ambrose Law Firm, PLLC

## Posts

- [Improving Traffic Stops: California’s New Approach](https://minneapoliscrimdefenselawyer.com/improving-traffic-stops-californias-new-approach/) - In January 2024, California introduced a transformative policy to improve law enforcement and public interactions during traffic stops
- [3 ways a DWI affects your everyday life](https://minneapoliscrimdefenselawyer.com/3-ways-a-dwi-affects-your-everyday-life/)
- [The Impact of a DUI on Your Life: Finances, Career, Freedom, and License](https://minneapoliscrimdefenselawyer.com/the-impact-of-a-dui-on-your-life-finances-career-freedom-and-license/)
- [Discover the Life Lessons Learned from a DUI: A Wake-Up Call That Changes Everything](https://minneapoliscrimdefenselawyer.com/discover-the-life-lessons-learned-from-a-dui-a-wake-up-call-that-changes-everything/)
- [Why Should I Hire a Criminal Defense Lawyer in Minneapolis?](https://minneapoliscrimdefenselawyer.com/why-should-i-hire-a-criminal-defense-lawyer-in-minneapolis/) - A criminal defense lawyer should not be hired only by those who have been charged or convicted of a crime. An experienced, dedicated defense lawyer can help protect your rights if a crime has been committed. However, there are many other situations where you might want to hire a lawyer. Here are some examples of
- [Criminal Justice Attorney -- Your Advocate When You Need It Most](https://minneapoliscrimdefenselawyer.com/criminal-justice-attorney-your-advocate-when-you-need-it-most/) - Minneapolis Criminal Defense Lawyer Minneapolis's top criminal defense lawyers are highly recommended. No matter if you're facing federal or state criminal charges, our top lawyers in the area specialize in criminal defense. All criminal cases, from DWI to minor felonies to misdemeanors, are handled by us. For a free consultation and to learn more about
- [Benefits of having a professional criminal defense lawyer in Minneapolis](https://minneapoliscrimdefenselawyer.com/benefits-of-having-a-professional-criminal-defense-lawyer-in-minneapolis/) - You will feel more scared and uncertain if you face the law on your own. It is best to get a criminal defense attorney who will help you navigate the process and protect your rights. In times of trouble, a criminal defense attorney is your best friend. It takes concentration and extensive research to handle
- [If I am innocent, do I need a criminal defense lawyer?](https://minneapoliscrimdefenselawyer.com/if-i-am-innocent-do-i-need-a-criminal-defense-lawyer/) - Are you being falsely accused of a crime or charged with it? You are not the only one. You may think that cooperating with police is a good idea. You may think that if you don't commit the crime you won't need a criminal defense attorney. This could be used by your family or loved
- [Do You Need a DUI/DWI Lawyer?](https://minneapoliscrimdefenselawyer.com/do-you-need-a-dui-dwi-lawyer/) - We speak to dozens who ask these questions every day: Am I really required to hire a lawyer in my DWI case. What can I do to help my DUI case? If I represent myself, won't I get the same deal with the prosecutor? These are legitimate questions. These are legitimate questions that some
- [What happens if you are drunk and get into a traffic accident?](https://minneapoliscrimdefenselawyer.com/what-happens-if-you-are-drunk-and-get-into-a-traffic-accident/) - Drunk driving cases can be very serious. However, any type of accident will increase the severity of the driver's consequences. Accidents refer to incidents that involve the drunk driver's vehicle or another person or property. Our drunk driving lawyers will examine drunk driving cases from a defense perspective. We will discuss what to do right
- [What is a PBT (Preliminary Breath Test) in DWI Cases?](https://minneapoliscrimdefenselawyer.com/what-is-a-pbt-preliminary-breath-test-in-dwi-cases/) - A PBT stands for Preliminary Breath Test in DWI cases. Some people call it a portable breath test. Minnesota statutes refer to it as a preliminary screening test. However you slice it, it means the same thing. It is a handheld device that cops use as part of their field sobriety testing in DWIs. In
- [Missouri v. McNeely is Not Retroactive for DWI Refusal Convictions](https://minneapoliscrimdefenselawyer.com/missouri-v-mcneely-is-not-retroactive-for-dwi-refusal-convictions/)
- [What Is The Biggest DWI Myth?](https://minneapoliscrimdefenselawyer.com/what-is-the-biggest-dwi-myth/) - Must the police read Miranda rights during a DWI stop? Anyone who has watched enough police procedural shows knows that reading the suspect his or her Miranda rights is a crucial part of any arrest. In spite of the fact that these warnings are frequently portrayed as essential to the arrest, with the lack of
- [What is the One-Leg Stand Test?](https://minneapoliscrimdefenselawyer.com/what-is-the-one-leg-stand-test/) - The One-Leg Stand Test is a field sobriety test used by officers during an investigation for suspicion of driving while impaired (DWI) or driving under the influence (DUI). If you are pulled over, and an officer asks you to step out of the vehicle, they may put you through field sobriety testing. These commonly include
- [When can the police in Minnesota pull you over for DWI?](https://minneapoliscrimdefenselawyer.com/when-can-the-police-in-minnesota-pull-you-over-for-dwi/)
- [What Are Whiskey Plates and Will I Be Required to Display These if I’m Convicted of DWI?](https://minneapoliscrimdefenselawyer.com/what-are-whiskey-plates-and-will-i-be-required-to-display-these-if-im-convicted-of-dwi/)
- [What Happens if I Refuse To Take a Breath, Blood, or Urine Test?](https://minneapoliscrimdefenselawyer.com/what-happens-if-i-refuse-to-take-a-breath-blood-or-urine-test/)
- [Do I need to be driving to receive a DWI?](https://minneapoliscrimdefenselawyer.com/do-i-need-to-be-driving-to-receive-a-dwi/)
- [What are the Levels of DWI/DUI in Minnesota?](https://minneapoliscrimdefenselawyer.com/what-are-the-levels-of-dwi-dui-in-minnesota/) - At the end of the day, there is no other criminal offense comparable to a DWI in which people from all walks of life face the possibility of facing criminal charges at some point in their lives. In Minnesota, a relatively small amount of alcohol can result in a person being "over the limit" for
- [Can You Help Me Get My Vehicle Back After An Arrest for DWI?](https://minneapoliscrimdefenselawyer.com/can-you-help-me-get-my-vehicle-back-after-an-arrest-for-dwi/) - According to Minnesota Statute 169A.63, when a vehicle is used to commit a crime, including driving while intoxicated (DWI) offenses, it can be forfeited. This means that the arresting agency has the authority to seize and forfeit the vehicle in certain DWI cases. If the owner does not recover the vehicle, the agency may sell
- [Can You Help Me Get My License Back After a DWI Arrest?](https://minneapoliscrimdefenselawyer.com/can-you-help-me-get-my-license-back-after-a-dwi-arrest/) - If you have been arrested or convicted for driving under the influence (DWI) in Minnesota, you are already aware of the severe penalties associated with these charges. In addition to possible jail time and fines, a DWI can result in the loss of driving privileges within the state. Loss of driving privileges can have negative
- [What Type of Penalties Am I Looking for a First Time DWI?](https://minneapoliscrimdefenselawyer.com/what-type-of-penalties-am-i-looking-for-a-first-time-dwi/) - Even for first-time offenders, a conviction for driving while impaired (DWI) in Minnesota carries severe consequences. Even if a person convicted of DWI avoids jail time, they may still be haunted by other consequences. There is no definitive answer to the question, "What is the punishment for a first DWI in Minnesota?" In Minnesota, not
- [Can You Help Clients Get Out of Jail After an Arrest for DWI?](https://minneapoliscrimdefenselawyer.com/can-you-help-clients-get-out-of-jail-after-an-arrest-for-dwi/) - After being stopped on suspicion of DWI, those suspected of gross misdemeanor or felony DWI may be detained and transported directly to jail. The time spent in jail is pending an appearance in court. Unfortunately, a person arrested without a warrant may spend four or more days in jail before appearing in court, which can
- [What is the Walk and Turn Test?](https://minneapoliscrimdefenselawyer.com/what-is-the-walk-and-turn-test/) - The Walk and Turn Test is a field sobriety test used by officers during an investigation for suspicion of driving while impaired (DWI) or driving under the influence (DUI). The officer should ask the suspect before conducting the test if he or she has any problems affecting their balance. The officer will either instruct the
- [What is the Horizontal Gaze Nystagmus Test?](https://minneapoliscrimdefenselawyer.com/what-is-the-horizontal-gaze-nystagmus-test/) - The Horizontal Gaze Nystagmus or HGN test is used by officers during an investigation for suspicion of driving while impaired (DWI) or driving under the influence (DUI). The officer will hold a flashlight behind his or her fingertip, pen tip, or penlight while instructing the suspect to follow the tip of their item while he
- [Minnesota Ignition Interlock Updates for 2022](https://minneapoliscrimdefenselawyer.com/minnesota-ignition-interlock-updates-for-2022/) - DWIs in Minnesota trigger driver’s license revocation periods. Depending on the circumstances of the DWI, prior DWIs or license revocations stemming from DWIs, the amount of time a person loses their driver’s license for can vary. However, Minnesota’s ignition interlock device program often allows drivers to get a restricted driver’s license during their revocation period.
- [What is an Aggravated Departure?](https://minneapoliscrimdefenselawyer.com/what-is-an-aggravated-departure/) - In some cases, the prosecution will file a motion asking the court for an aggravated (upward) sentencing departure. This means the prosecutor is asking the court to sentence you to a more severe prison sentence than what your offense calls for in the Minnesota Sentencing Guidelines. Any departure, mitigated or aggravated, is asking the court
- [What are the Penalties for Furnishing Tobacco to a Minor in Minnesota?](https://minneapoliscrimdefenselawyer.com/what-are-the-penalties-for-furnishing-tobacco-to-a-minor-in-minnesota/) - In Minnesota, furnishing tobacco to a minor (person under 21 years old) is a petty misdemeanor for a first offense. A second offense or more within five years is a misdemeanor offense. Misdemeanors have a maximum punishment of up to ninety days in jail and a $1,000 fine. Importantly, Tobacco 21 is a law that
- [What are the Penalties for Furnishing Alcohol to a Minor?](https://minneapoliscrimdefenselawyer.com/what-are-the-penalties-for-furnishing-alcohol-to-a-minor/) - In Minnesota, furnishing alcohol to a minor (person under 21 years old) is a gross misdemeanor offense. Gross misdemeanors have a maximum punishment of up to one year in jail and a $3,000 fine. It is very uncommon, however, for anyone to actually serve the maximum punishment on this type of offense. The person furnishing
- [What is Underage Drinking and Driving?](https://minneapoliscrimdefenselawyer.com/what-is-underage-drinking-and-driving/) - In Minnesota, what constitutes underage age drinking and driving? Seems simple enough. If you are under the age of 21, you drink alcohol, and you drive. Then, that is illegal, correct? The short answer is yes. Do not drink any alcohol and then drive a motor vehicle if you are under the age of 21.
- [What is First Degree DWI in Minnesota?](https://minneapoliscrimdefenselawyer.com/what-is-first-degree-dwi-in-minnesota/) - First Degree DWI is a felony level offense in Minnesota. It does not get higher than that for a DWI in Minnesota. For a first-time felony DWI in Minnesota, the maximum punishment is up to seven years in prison and a $14,000 fine. A first-time felony DWI in Minnesota does not mean a person will
- [What is Second Degree DWI in Minnesota?](https://minneapoliscrimdefenselawyer.com/what-is-second-degree-dwi-in-minnesota/) - Second Degree DWI is a gross misdemeanor level offense in Minnesota. This level of offense carries a maximum punishment of up to one year in jail and a $3,000 fine. Second Degree DWI is the second most severe level of DWI in Minnesota. First Degree DWI is the only more serious DWI and is a
- [What is Third Degree DWI in Minnesota?](https://minneapoliscrimdefenselawyer.com/what-is-third-degree-dwi-in-minnesota/) - Third Degree DWI in Minnesota is a gross misdemeanor level offense. Gross misdemeanors have a maximum punishment of up to one year in jail and a $3,000 fine. Third Degree DWI is neither the most severe, nor least severe DWI. First Degree DWI is the most serious in Minnesota, which is a felony level offense.
- [What is a Fourth Degree DWI in Minnesota?](https://minneapoliscrimdefenselawyer.com/what-is-a-fourth-degree-dwi-in-minnesota/) - Fourth Degree DWI in Minnesota is a misdemeanor offense. While misdemeanors have a maximum punishment of up to ninety days in jail and a $1,000 fine, Fourth Degree DWI is the lowest level of DWI in Minnesota. First Degree DWI is the most severe as a felony. Second and Third Degree DWI are gross misdemeanor
- [How is Restitution Determined?](https://minneapoliscrimdefenselawyer.com/how-is-restitution-determined/) - In criminal cases, restitution may be awarded to the victim(s) when deemed appropriate by the court. The criteria for determining whether restitution is appropriate and if so, what amount, varies from state to state. In Minnesota, the statute lists two factors the court uses to decide whether restitution should be awarded, and the amount: (1)
- [How Long Does a DWI Stay on Your Record in Minnesota?](https://minneapoliscrimdefenselawyer.com/how-long-does-a-dwi-stay-on-your-record-in-minnesota/)
- [How do I expunge my Juvenile Record in Minnesota?](https://minneapoliscrimdefenselawyer.com/how-do-i-expunge-my-juvenile-record-in-minnesota/) - Expungement of a juvenile record in Minnesota is slightly different than expunging an adult record. In adult expungements, there are waiting periods before someone can be eligible for a statutory expungement – if they received a stay of adjudication, went through a diversion program, or were convicted of the offense. These are often one-, two-,
- [Can Juveniles be Tried as Adults?](https://minneapoliscrimdefenselawyer.com/can-juveniles-be-tried-as-adults/) - Yes, juveniles can be tried as adults on serious criminal cases in Minnesota. There are two different ways this can be done: Certification or Extended Juvenile Jurisdiction (“EJJ”). In both situations, the prosecutor must file a motion asking for certification or EJJ. The court will then order studies to be completed to give a background
- [How Much Does a DWI Cost in Minnesota?](https://minneapoliscrimdefenselawyer.com/how-much-does-a-dwi-cost-in-minnesota/) - 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
- [What is a Durational Departure?](https://minneapoliscrimdefenselawyer.com/what-is-a-durational-departure/) - In Minnesota, there are two types of departures for defendants to request at sentencing. We previously reviewed what a dispositional departure is here, which asks a judge to not send a defendant to prison. The other departure your defense attorney may request is called a durational departure. This is a request to the court asking
- [What is the difference between Juvenile Court vs. Adult Court?](https://minneapoliscrimdefenselawyer.com/what-is-the-difference-between-juvenile-court-vs-adult-court/) - A primary difference between juvenile and adult court in Minnesota is juvenile court enjoys a certain level of confidentiality. In adult court, hearings and trials are open to the public. A “public trial” is a right afforded by the Sixth Amendment. In juvenile court in Minnesota, the only people allowed in a court hearing, are
- [What is a Dispositional Departure?](https://minneapoliscrimdefenselawyer.com/what-is-a-dispositional-departure/) - 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
- [What is an Alford Plea?](https://minneapoliscrimdefenselawyer.com/what-is-an-alford-plea/) - 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
- [What is a Norgaard Plea?](https://minneapoliscrimdefenselawyer.com/what-is-a-norgaard-plea/) - 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
- [How Likely is Jail Time for First DUI in Minnesota?](https://minneapoliscrimdefenselawyer.com/how-likely-is-jail-time-for-first-dui-in-minnesota/) - 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
- [What is the Difference Between DWI and DUI in Minnesota?](https://minneapoliscrimdefenselawyer.com/what-is-the-difference-between-dwi-and-dui-in-minnesota/) - 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 –
- [Is it Worth Getting a Lawyer for a DUI in Minnesota?](https://minneapoliscrimdefenselawyer.com/is-it-worth-getting-a-lawyer-for-a-dui-in-minnesota/) - 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
- [How Do I Beat My DWI Case in Minnesota?](https://minneapoliscrimdefenselawyer.com/how-do-i-beat-my-dwi-case-in-minnesota/) - 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
- [What is an Implied Consent Hearing](https://minneapoliscrimdefenselawyer.com/what-is-an-implied-consent-hearing/)
- [What is a Notice and Order of License Revocation?](https://minneapoliscrimdefenselawyer.com/what-is-a-notice-and-order-of-license-revocation/) - Upon a DWI arrest or conviction, you may have received a Notice and Order of License Revocation. This is an order stating that your driver’s license is being taken away for a period of time because of having a blood alcohol concentration of .08 or more, refusing an evidentiary test, or otherwise being convicted of
- [Understanding Plate Impoundment](https://minneapoliscrimdefenselawyer.com/understanding-plate-impoundment/) - What is a Notice and Order of License Plate Impoundment? If you received a Notice and Order of License Plate Impoundment, then it probably means you got a MN DWI with an alcohol concentration of .16 or more or you have a prior DWI within the past ten years. There are other scenarios that trigger
- [Understanding Vehicle Forfeiture](https://minneapoliscrimdefenselawyer.com/understanding-vehicle-forfeiture/) - What is a Notice of Seizure and Intent to Forfeit Vehicle? Was your car taken away because of a DWI, controlled substance case, prostitution charge, fleeing a police officer, or for some other reason? If so, you likely received a Notice of Seizure and Intent to Forfeit Vehicle from the state. Most importantly, you must
- [What is an Arraignment of First Appearance?](https://minneapoliscrimdefenselawyer.com/what-is-an-arraignment-of-first-appearance/) - An Arraignment is sometimes called a First Appearance.[1] If you did not have a Bail Hearing, then this is your first appearance in court. At this hearing, you have the option of appearing with a MN private attorney, applying for a public defender, or representing yourself. If you want to hire a private attorney, but
- [What is a Rule 8 Hearing?](https://minneapoliscrimdefenselawyer.com/what-is-a-rule-8-hearing/) - What is a Rule 8 Hearing? A Rule 8 Hearing is generally the second court appearance in Felony and Gross Misdemeanor cases. Some counties will not hold a Rule 8 Hearing unless you specifically request one. But if held, the hearing is meant to advise you of your rights for a second time. The court
- [What is an Omnibus Hearing?](https://minneapoliscrimdefenselawyer.com/what-is-an-omnibus-hearing/) - In Felony and Gross Misdemeanor cases, the Omnibus Hearing is the first time the court will ask you for a plea of guilty or not guilty. Before you do so, a plea offer is generally made for you to consider. Sometimes, these plea negotiations happen on the day of your Omnibus Hearing. Other times, an
- [What is a Contested Omnibus Hearing?](https://minneapoliscrimdefenselawyer.com/what-is-a-contested-omnibus-hearing/) - Prior to your Omnibus Hearing, your attorney may file motions asking for a Contested Omnibus Hearing. Some courts may call it a Motion Hearing, Evidentiary Hearing, or Rasmussen Hearing. Regardless of the moniker, the purpose of such a hearing is to challenge issues in your case prior to a trial taking place. If successful, this
- [What is a Rasmussen Hearing?](https://minneapoliscrimdefenselawyer.com/what-is-a-rasmussen-hearing/) - Rasmussen Hearings are hearings involving a request by the defense to suppress evidence prior to a trial. To get there, your defense attorney will file a motion asking the court for such relief based on an illegal seizure, illegal search, unlawful confession, or unlawful identification. Some courts may call Rasmussen Hearings Contested Omnibus Hearings, Motion
- [What is a Settlement Conference?](https://minneapoliscrimdefenselawyer.com/what-is-a-settlement-conference/) - A Settlement Conference is an in-court hearing used to see if the prosecution and defense can reach a settlement prior to a trial taking place. By this point, the court has already conducted your first appearance, pre-trial hearing, and possibly contested hearings challenging the admissibility of evidence in your case. The Settlement Conference is often
- [What is a Court or Bench Trial?](https://minneapoliscrimdefenselawyer.com/what-is-a-court-or-bench-trial/) - A Court Trial, or what is sometimes referred to as a Bench Trial, is a trial in front of a judge. Instead of having a trial by jury, you may choose to have your case decided by a judicial officer. In petty misdemeanor cases and juvenile court matters, you do not have a right to
- [What is a Jury Trial?](https://minneapoliscrimdefenselawyer.com/what-is-a-jury-trial/) - A jury trial is the last stage to determine guilt or innocence in a criminal case at the district court level. If all other avenues have been exhausted, such as plea bargaining, pre-trial contested motions, possible pleas to the court, and the defense and prosecution cannot come to an agreement, then you have the right
- [What is a Pre-Trial Hearing?](https://minneapoliscrimdefenselawyer.com/what-is-a-pre-trial-hearing/) - In Misdemeanor cases, the Pre-Trial Hearing generally takes place after the arraignment (sometimes referred to as the first appearance). At this hearing, the prosecution usually makes a plea offer for you to consider resolving your case. This plea negotiation can sometimes happen on the day of the Pre-Trial Hearing and sometimes it is made in
- [What is a Morrissey Hearing?](https://minneapoliscrimdefenselawyer.com/what-is-a-morrissey-hearing/) - A Morrissey Hearing is another name for a contested probation violation hearing. When a person is placed on probation and allegedly violates the conditions of their probation, they are entitled to have a hearing where the prosecution has to prove by clear and convincing evidence that the conditions of probation were violated. Before you get
- [How to Get Someone Out of Jail](https://minneapoliscrimdefenselawyer.com/how-to-get-someone-out-of-jail/) - For most misdemeanor offenses, the person arrested will often be released from custody after a few hours. This includes Fourth Degree Misdemeanor DWI, Misdemeanor Theft, Misdemeanor Drug Possession, Disorderly Conduct, and minor traffic offenses. If you are trying to figure out how to get someone out of jail that was arrested for one of these
- [When Will Bail Get Set](https://minneapoliscrimdefenselawyer.com/when-will-bail-get-set/) - If you are trying to figure out when will bail get set for someone, the quickest way to find out is to either call a criminal defense lawyer or call the sheriff’s office where the offense occurred. Most criminal defense attorneys worth their salt will have an idea of when bail may get set or
- [36 / 48 Hour Rules](https://minneapoliscrimdefenselawyer.com/36-48-hour-rules/) - If you are arrested for a criminal offense, you cannot be held in jail forever without seeing a judge. The 36 and 48-hour rules protect against such inhumane scenarios. If someone you know has recently been arrested, understanding these time limitation rules and how each county applies them, will help you understand when that person
- [What is a Felony?](https://minneapoliscrimdefenselawyer.com/what-is-a-felony/) - In Minnesota, a felony offense is a crime in which more than one year of imprisonment may be imposed. When you receive a sentence of more than a year of incarceration it means you are going to a state prison facility and not a local county jail. How much prison time you may receive is
- [What is a Gross Misdemeanor?](https://minneapoliscrimdefenselawyer.com/what-is-a-gross-misdemeanor/) - In Minnesota, a gross misdemeanor offense is a crime in which no more than one year in jail and a $3,000 may be imposed. Gross misdemeanors are more severe than a misdemeanor, but less serious than a felony. Common gross misdemeanors include Second and Third Degree DWI, Driving After Cancellation Inimical to Public Safety, Violating
- [What is a Misdemeanor?](https://minneapoliscrimdefenselawyer.com/what-is-a-misdemeanor/) - In Minnesota, a misdemeanor offense is a crime that has a maximum penalty of up to ninety days in jail and a $1,000 fine. Misdemeanors are less serious than a gross misdemeanor, but more severe than a petty misdemeanor. Common misdemeanors include Fourth Degree DWI, Domestic Assault, Disorderly Conduct, Fifth Degree Assault, Theft less than
- [What is a Petty Misdemeanor?](https://minneapoliscrimdefenselawyer.com/what-is-a-petty-misdemeanor/) - In Minnesota, a petty misdemeanor is not a crime. They are less serious than misdemeanors. There is no possible jail time or probation associated with petty misdemeanors. There is a maximum fine of up to $300 for such an offense. The most common petty misdemeanors are violations of traffic regulations, such as speeding, driving with
- [How long do you have to wait to get your record expunged in MN?](https://minneapoliscrimdefenselawyer.com/how-long-do-you-have-to-wait-to-get-your-record-expunged-in-mn/) - If you are eligible under Minnesota’s expungement law to seal your record, then it will generally take at least 4 – 6 months to complete the process. Once you, or your attorney, file and serve your expungement petition and supporting documentation, then the court will not hear your expungement hearing for at least 60 days.
- [Can you go to jail for a DWI in Minnesota?](https://minneapoliscrimdefenselawyer.com/can-you-go-to-jail-for-a-dwi-in-minnesota/) - Short answer: yes. Longer answer: it depends on where your DWI happened, whether you have prior DWIs, what your alcohol concentration was, whether there were kids in the car, if you refused the test, among other circumstances. Most 4th Degree DWI cases do not result in jail time in Minnesota, although they are misdemeanor offenses
- [When Do I have the Right to Talk to a Lawyer During a DWI Arrest?](https://minneapoliscrimdefenselawyer.com/when-do-i-have-the-right-to-talk-to-a-lawyer-during-a-dwi-arrest/) - “Don’t talk to the police without a lawyer.” Generally, the best piece of advice a person can follow when interacting with law enforcement. After all, the Sixth Amendment guarantees the right to counsel and you have the right to not incriminate yourself under the Fifth Amendment. But when do these rights attach during a DWI
- [I Got Released From Jail Without Charges, Now What?](https://minneapoliscrimdefenselawyer.com/i-got-released-from-jail-without-charges-now-what/) - A common misunderstanding is that if you get released from jail without charges, then you will never be charged at a later time. While it is certainly possible that you may never face charges later, the more likely answer is that the prosecution did not get charges filed against you in time. Either that, or
- [How Long Will My DWI Case Last?](https://minneapoliscrimdefenselawyer.com/how-long-will-my-dwi-case-last/) - From start to finish, the duration of a DWI case varies broadly depending on particular factors. These include: the severity of your DWI charge, the specific facts of your case, the jurisdiction, and how quickly the charges are filed in your case. There are four levels of DWI. Generally, the least severe cases will take
- [What is Ineffective Assistance of Counsel?](https://minneapoliscrimdefenselawyer.com/what-is-ineffective-assistance-of-counsel/) - If you lose your criminal case, an incredibly popular issue on appeal is ineffective assistance of counsel. That is, defendants believe their lawyer did such a poor job that it negatively affected the outcome of their case. To determine whether an attorney was ineffective, appellate courts use a two-part test. First, the defendant must prove
- [NHTSA 24 Driving Cues of DWI Detection](https://minneapoliscrimdefenselawyer.com/nhtsa-24-driving-cues-of-dwi-detection/) - Law enforcement personnel across the county receive training on National Highway Traffic Safety Administration (NHTSA) published material. The NHTSA develops training manuals focused specifically on how to detect whether a driver may be drunk. In one such guide, it lists twenty-four driving cues of DWI detection. The NHTSA breaks down the cues into categories of
- [NHTSA 10 Post-Stop Cues of DWI Detection](https://minneapoliscrimdefenselawyer.com/nhtsa-10-post-stop-cues-of-dwi-detection/) - Law enforcement officers across the country are trained on how to spot drivers who may be under the influence of alcohol or a controlled substance. Overwhelmingly, the first observations by those officers are when they see someone driving. We recently covered the 24 driving cues of DUI detection published by the National Highway Traffic Safety
- [What Does it Mean to Be in Physical Control of a Motor Vehicle for a Minnesota DWI?](https://minneapoliscrimdefenselawyer.com/what-does-it-mean-to-be-in-physical-control-of-a-motor-vehicle-for-a-minnesota-dwi/) - A common question we get is: how can you get a DWI if you were not even driving your vehicle? These scenarios often arise when someone is sleeping in their vehicle, they are walking somewhere near the vicinity of their car, or they are stuck on the side of the road. For some of those
- [What is a Stay of Adjudication in MN?](https://minneapoliscrimdefenselawyer.com/what-is-a-stay-of-adjudication-in-mn/) - A stay of adjudication in Minnesota is an excellent outcome in many cases. A stay of adjudication means there will be no conviction for the offense and the charge will ultimately be dismissed if the terms of the stay are met. This type of outcome still requires you to admit fault in the case by
- [What is a Continuance for Dismissal in MN?](https://minneapoliscrimdefenselawyer.com/what-is-a-continuance-for-dismissal-in-mn/) - A continuance for dismissal, or agreement to suspend prosecution, is the next best thing to an outright dismissal or acquittal of criminal charges in Minnesota. A continuance for dismissal is self-defining, the prosecution agrees to continue (or suspend) your case for a period of time. At the conclusion of that time, the charges against you
- [What is a DANCO – Domestic Abuse No Contact Order?](https://minneapoliscrimdefenselawyer.com/what-is-a-danco-domestic-abuse-no-contact-order/) - A Domestic Abuse No Contact Order, commonly referred to as a DANCO, is a specific order that limits the contact one person can have with another. DANCOs are commonly issued in assault-related cases. DANCOs typically state that person X is not allowed to have any contact with person Y, either directly or indirectly. This means
- [How Are DANCOS Removed?](https://minneapoliscrimdefenselawyer.com/how-are-dancos-removed/) - A frequently asked question by all parties involved in a domestic abuse no contact order (DANCO) is: how do you remove a DANCO? Commonly, one of the parties needs to bring a motion before the court asking that the DANCO be lifted (removed). The judge will listen to the parties at the hearing about the
- [What Happens if I Violate a DANCO (Domestic Abuse No Contact Order)?](https://minneapoliscrimdefenselawyer.com/what-happens-if-i-violate-a-danco-domestic-abuse-no-contact-order/) - A consequence of breaking a DANCO is a new criminal charge. This is a new domestic violence-related offense which can be a misdemeanor, gross misdemeanor, or felony. Domestic violence-related offenses are enhanceable, meaning the more you get within a 10-year period the more severe the consequences. If you violate a DANCO within 10 years of
- [What is First Degree Assault?](https://minneapoliscrimdefenselawyer.com/what-is-first-degree-assault/) - First Degree Assault occurs when one person assaults another and inflicts great bodily harm. In rarer circumstances it can occur when someone uses or attempts to use deadly force against a peace officer, prosecuting attorney, judge, or correctional employee who is engaged in the performance of their job. What level of crime is First Degree
- [What is Second Degree Assault with a Dangerous Weapon?](https://minneapoliscrimdefenselawyer.com/what-is-second-degree-assault-with-a-dangerous-weapon/) - Second Degree Assault is a felony and it occurs when someone assaults another with a dangerous weapon. The person does not need to be injured by the dangerous weapon to meet the statutory requirement of second degree assault. So, the main factor raising an assault to the level of second degree is the use of
- [What is Third Degree Assault?](https://minneapoliscrimdefenselawyer.com/what-is-third-degree-assault/) - Third Degree Assault in Minnesota most commonly occurs when a person assaults another and inflicts substantial bodily harm. There are two other ways that someone can be charged with third degree assault and they deal with assaults on minors. If someone assaults a minor (person under the age of 18) and there is a past
- [What is Domestic Assault by Strangulation in Minnesota?](https://minneapoliscrimdefenselawyer.com/what-is-domestic-assault-by-strangulation-in-minnesota/) - Domestic Assault by Strangulation in Minnesota is a felony. It is essentially a heightened version of domestic assault where the physical act used is strangulation. To be found guilty, a person has to allegedly assaulted a family or household member with the use of strangulation. The charge most commonly results as Second-Degree Assault. What Constitutes
- [What is Unlawful Assembly?](https://minneapoliscrimdefenselawyer.com/what-is-unlawful-assembly/) - Unlawful Assembly is a misdemeanor and occurs in three different situations. In all three situations a common factor is that three or more people assemble. The difference from there depends on what that group of people are doing. You can be found guilty of unlawful assembly if the group assembles with the intent to commit
- [What is Fourth Degree Assault?](https://minneapoliscrimdefenselawyer.com/what-is-fourth-degree-assault/) - Fourth Degree Assault occurs when someone physically assaults and inflicts demonstrable bodily harm or intentionally throws or transfers bodily fluids upon a specific class of people. Bodily harm is any physical pain or injury, illness, or any impairment of a physical condition. It can be as basic as a red mark or a bruise. Fourth
- [What is a PSI – Presentence Investigation?](https://minneapoliscrimdefenselawyer.com/what-is-a-psi-presentence-investigation/) - A PSI, or presentence investigation, occurs after a conviction and before sentencing. In virtually all felony cases, a PSI will take place before the judge pronounces the sentence. In domestic abuse cases, regardless of the level of offense, a domestic abuse PSI will generally occur before sentencing. In some counties, the court will require a
- [How Long Will I Lose My Driver’s License for a DWI?](https://minneapoliscrimdefenselawyer.com/how-long-will-i-lose-my-drivers-license-for-a-dwi/) - Upon arrest for a DWI, the worry is not only about what might happen in the criminal case, but also about how long you will lose your driver’s license for a DWI in Minnesota. The main factors influencing the length are whether you took a breath, blood, or urine test, the alcohol level of that
- [How can I restore my gun rights in Minnesota?](https://minneapoliscrimdefenselawyer.com/how-can-i-restore-my-gun-rights-in-minnesota/) - This depends on why they were taken away. For a Minnesota Felony Conviction, you can restore your gun rights in two ways. One is by receiving a pardon or by Court Order. Pardons require a person to have a clean record for 5 or 10 years (depending on the charge) and a person must apply
- [When Can the Police Come on Your Property?](https://minneapoliscrimdefenselawyer.com/when-can-the-police-come-on-your-property/) - The Fourth Amendment protects against unreasonable searches and seizures. Absent a warrant, or an exception to the warrant requirement, law enforcement is not allowed to enter your home. There are also areas immediately surrounding your home, known as curtilage, that enjoy the same constitutional protections as your house. Courts often look at the Dunn factors
- [Benjamin Koll: Why I am a Criminal Defense Attorney](https://minneapoliscrimdefenselawyer.com/benjamin-koll-why-i-am-a-criminal-defense-attorney/) - When I started law school, I did not know what type of law I wanted to practice. During my first year of law school, we practiced appearing in front of judges and arguing like we were in Court. From that experience, I knew I wanted to do that type of work, I wanted to be
- [Why I Want to Be a Criminal Defense Lawyer](https://minneapoliscrimdefenselawyer.com/why-i-want-to-be-a-criminal-defense-lawyer/) - When a criminal defense attorney is called, the person on the other end of the phone is often times in a place of vulnerability and needs someone to be in their corner. Defense attorneys are able to act as that person who is on their side and can make a huge difference in this person’s
- [Hennepin County Changes Bail Policies](https://minneapoliscrimdefenselawyer.com/hennepin-county-changes-bail-policies/) - The Hennepin County Attorney recently announced a list of nineteen non-violent felony crimes that prosecutors will no longer request bail for after an arrest. Bail is a financial obligation that works by releasing a defendant in exchange for money. The court then holds that money until all of the proceedings surrounding the suspect are completed.
- [What is a Proffer?](https://minneapoliscrimdefenselawyer.com/what-is-a-proffer/) - A proffer is technically a written agreement. It is an agreement between a Prosecutor and a Defendant, or witness, in which information about a crime is exchanged for the promise that their information and words will not be used against them in a later Court Hearing. After entering into a Proffer (the Agreement) a meeting
- [Carrying a Firearm While Under the Influence in Minnesota](https://minneapoliscrimdefenselawyer.com/carrying-a-firearm-while-under-the-influence-in-minnesota/) - Being arrested for a DWI in Minnesota may also lead to another offense, even if unbeknownst to the driver at the time of the DWI. For those who carry a firearm, either on their person, or in their vehicle within arm’s reach, they could face charges of Carrying While Under the Influence of Alcohol or
- [Do I need Ignition Interlock after a DWI in Minnesota?](https://minneapoliscrimdefenselawyer.com/do-i-need-ignition-interlock-after-a-dwi-in-minnesota/) - Not every DWI in Minnesota requires the driver to get on the ignition interlock program to obtain their driver’s license. For instance, if someone has no prior DWIs in their past and their alcohol concentration level measures under .16, then they do not need ignition interlock. Instead, they can obtain a limited license (a.k.a. work
- [What is Driving Under the Influence of Drugs in Minnesota?](https://minneapoliscrimdefenselawyer.com/what-is-driving-under-the-influence-of-drugs-in-minnesota/) - Driving Under the Influence of Drugs (DUID) in Minnesota operates under the same DWI laws for alcohol related DWIs in Minnesota. DWI charges can arise from being under the influence of a controlled substance, under the influence of an intoxicating substance, a combination of those two or with alcohol, and if any amount of a
- [Ambrose Law Firm Wins Implied Consent Hearing with Prescription Drug Defense](https://minneapoliscrimdefenselawyer.com/ambrose-law-firm-wins-implied-consent-hearing-with-prescription-drug-defense/) - 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
- [Can I be charged for something that happened a long time ago?](https://minneapoliscrimdefenselawyer.com/can-i-be-charged-for-something-that-happened-a-long-time-ago/) - 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

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- [University, Minneapolis](https://minneapoliscrimdefenselawyer.com/university-minneapolis/) - One of the most unique areas in Minneapolis is the University neighborhood. It is in the University community which is very popular. Whether your son or daughter has become accepted to the University of Minnesota, or perhaps you have family or friends in the community, this is a destination which has a lot of things
- [Southwest, Minneapolis](https://minneapoliscrimdefenselawyer.com/southwest-minneapolis/) - The Southwest neighborhood in Minneapolis is one of the finest in the metropolitan area due to its warm-hearted residents. From enjoying summer concerts to celebrating festivals, the residents like to spend more time with each other. The residents that live there consider themselves lucky to find a home in this particular neighborhood. If you are
- [Powderhorn, Minneapolis](https://minneapoliscrimdefenselawyer.com/powderhorn-minneapolis/) - Powderhorn in Minneapolis consists of eight neighborhoods. •Corcoran •Central •Bryant •Bancroft •Whittier •Standish •Powderhorn Park •Lyndale Out of the eight, Powderhorn Park is the most popular, located nearly three miles from downtown, with East Lake Street to the north, Chicago Avenue to the west, and East 38th Street to the south. The neighborhood is a
- [Phillips, Minneapolis](https://minneapoliscrimdefenselawyer.com/phillips-minneapolis/) - The Phillips community is made up of four neighborhoods Midtown Phillips, Ventura Village, Phillips West and Phillips East, that are located south of downtown Minneapolis. Though each of the neighborhoods are mostly residential, each of the neighborhoods also have numerous commercial developments and large businesses like Wells Fargo Mortgage and Honeywell International. Population Data Depending
- [Northeast, Minneapolis](https://minneapoliscrimdefenselawyer.com/northeast-minneapolis/) - Minnesota is home to many great neighborhoods. Northeast ranks one of the best because of how lively it is. The area is an ideal place to go to spend a day or two. Here are several of the top things you can do in Northeast neighborhood in Minneapolis, Minnesota. A Good Amount Of Places To
- [Nokomis, Minneapolis](https://minneapoliscrimdefenselawyer.com/nokomis-minneapolis/) - If you like to reside in a place where you can acquire a large amount of fun in the sun, the Nokomis neighborhood, in the southern portion of Minneapolis, will never disappoint. Nokomis is named after the lake of its namesake. This region is renowned for its variety of outdoor recreation activities which have something
- [Near North, Minneapolis](https://minneapoliscrimdefenselawyer.com/near-north-minneapolis/) - The Near North community of Minneapolis is made up of the neighborhoods of Willard-Hay, Summer-Glenwood, Near North, Jordan, Hawthorne, and Harrison – it has a large African American population. The Near North Side of Minneapolis has always been home for many marginalized groups, largely due to the inexpensive housing and closeness to downtown. Northside is
- [Longfellow, Minneapolis](https://minneapoliscrimdefenselawyer.com/longfellow-minneapolis/) - The Longfellow neighborhood is known for several things. For years, it was renowned for its historic landscape, plus the history relating to the Dakota Native American tribe. This community is much more than its history. It really is a wonderful place to visit and live in the Minneapolis area. Review Of The Longfellow Neighborhood There
- [Central, Minneapolis](https://minneapoliscrimdefenselawyer.com/central-minneapolis/) - If you are thinking about moving to Minneapolis, you should know that the Central neighborhood is considered a highlight with this community. It is known to have the best theaters, restaurants, and nightclubs that people frequent on a regular basis. If you enjoy eating at restaurants, and being entertained, Central is where you should be.
- [Camden, Minneapolis](https://minneapoliscrimdefenselawyer.com/camden-minneapolis/) - Camden is a township located in Minneapolis. Since its development in the 1800s, this place was called Camden. In 1995, the town included the phrase ‘Webber’ to the name, hence the name ‘Camden-Webber’. The location consists of four borders: For the west – Penn and Newton Avenues, for the east – Interstate 94, for the
- [Calhoun Isles (uptown), Minneapolis](https://minneapoliscrimdefenselawyer.com/calhoun-isles-uptown-minneapolis/) - Minnesota is steadily building on its reputation as one of the most vibrant states from the U.S. It has much to offer in terms of natural charm - it has a lot more than earns its nickname as 'Land of 10,000 lakes'. You can find many aspects of the state that happen to be seemingly
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