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Criminal Defense

Metro Law & Meditation > Criminal Defense

DWI – Driving While Impaired

According to Minnesota statutes, a person can be charged with DWI when they are under the influence of alcohol, a controlled substance, or a hazardous substance that substantially impairs the individual’s ability to drive or operate a motor vehicle.

 

Charges can range from Fourth-Degree DWI (a misdemeanor) up to First-Degree DWI (a felony). Penalties can include jail time, the loss of your driver’s license, and substantial fines. In addition, your automobile insurance rates may rise, and future employment may be impacted by having a DWI on your record.

 

Minnesota has implied consent laws. By driving on Minnesota roads, all Minnesota drivers are under an implied agreement to consent to a chemical test to determine the presence of drugs or a controlled substance. Refusing to submit to a chemical test can complicate DWI charges further.

 

Navigating the law can be complicated for an individual charged with DWI. Call our office at 612-548-4453 to speak with an experienced criminal defense lawyer regarding your situation.

Domestic Assault

Under Minnesota law, anyone who commits an act with intent to cause fear in a family or household member of immediate bodily harm or death, or intentionally inflicts or attempts to inflict bodily harm upon another has committed domestic assault.

 

Owning a firearm and using it in committing domestic assault results in forfeiture of the firearm. In addition, the Court may prohibit the individual from carrying a firearm for three years from the date of their conviction.

 

In Minnesota, the definition of a family or household member includes:

  • Spouses or former spouses
  • Parents, children, or persons related by blood
  • Persons residing together or who have previously resided together
  • Persons who have a child together, regardless of whether they have been married or lived together at any time
  • A man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time
  • Persons involved in a significant romantic or sexual relationship.

 

Charges can range from a Misdemeanor to Felony, based upon the number of convictions in the previous 10-year period. Charges including strangulation are considered a felony offense and come with a three-year prison sentence if found guilty. Defenses to domestic assault may include: self-defense, defense of another individual or property, mutual assault, or reasonable doubt.

Many complicated issues arise from a charge of domestic assault. In addition to criminal consequences, a Domestic Assault No Contact Order (DANCO) may be issued, a conviction will show up for prospective employers on a criminal background check, probation may be ordered, and anger and/or chemical use assessments may be ordered.

 

It is important to have your side of the story heard. Call us at 612-548-4453 for a free consultation with an experienced criminal defense attorney today.

Felony Crime Defense

Drug offenses, murder, sexual assault, arson, theft, embezzlement and white-collar crimes are all examples of felony offenses. Under Minnesota law, a felony is a crime for which a prison sentence of more than one year may be imposed.

 

In addition to the possibility of prison, being convicted of a felony has long lasting implications. Being labeled a felon strips away the right to vote, the right to bear firearms, and makes finding future employment difficult. Each case is unique and complex.

 

If you have been charged with a felony, it is crucial to have an experienced attorney on your side; someone who will help you present the best defense and zealously protect your future rights.

 

Contact our firm today at 612-548-4453 to schedule your free consultation.

Misdemeanor Crime Defense

In Minnesota, a misdemeanor is a crime for which a maximum sentence of 90 days, or a fine of not more than $1,000.00, or both may be imposed. A misdemeanor charge is the least serious a person can receive.

 

A misdemeanor does show up on criminal records, so it needs to be taken seriously.

 

Consult with an attorney experienced in misdemeanor criminal defense to protect your future. Contact us at today 612-548-4453 to schedule your free consultation.

Gross Misdemeanor Crime Defense

According to Minnesota law, a gross misdemeanor is any crime that is not a felony or misdemeanor. Fines up to $3,000.00 may be imposed. A gross misdemeanor is considered less severe than a felony, but more severe than a misdemeanor offense.

 

It is important to not take a gross misdemeanor charge lightly. Any conviction will be permanently on your criminal record. Potential employers, landlords, and lending institutions are a few of the individuals that can access criminal records.

 

Consult with an attorney experienced in gross misdemeanor criminal defense to protect your future. Call us today at 612-548-4453 to schedule your free consultation.

Expungement

Having your record expunged means having the Court order that the record be sealed. Sealed records are not viewable in background checks performed by individuals such as employers, landlords, or volunteer organizations.

 

Records can include 911 calls, arrest data, criminal investigative data, mug shots, identification data or DNA data. Basically, any data information used by a public agency when a record is created by an arrest, charge, or conviction.

 

Expungement can fall into one of two categories – statutory or inherent.

 

Statutory expungement is permitted by law and covers the following categories:

  • Certain controlled substance offenses
  • Crimes committed by juveniles who were prosecuted as adults
  • Cases resolved in the Petitioner’s favor
  • Diversion programs and Stays of Adjudication with certain conditions
  • Misdemeanors and Petty Misdemeanors with certain conditions
  • Gross Misdemeanors with certain conditions
  • Some low-level felonies with certain conditions

 

Inherent Authority is the authority for a judge to decide to seal records in some cases not mentioned above. Under this category, the burden is on the individual to prove there is a reason they deserve an expungement. However, certain criminal convictions, such as Murder, Criminal Sexual Conduct, Kidnapping, Sex Crimes Involving Minors, and DWI cannot be expunged.

 

The laws regarding what type of records can be expunged and when they can be expunged can be complicated. In either a Statutory or Inherent expungement, having a lawyer knowledgeable in the process ensures your petition is as strong as possible.

 

Call our office today at 612-548-4453 to discuss the possibility of expungement with one of our attorneys.

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