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# Ambrose Law Firm, PLLC

Criminal Defense Lawyer Woodbury MN

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## Posts

- [Criminal Defense Blog](https://ambroselaw247.com/blog/)
- [DWI Dismissed Based on Double Jeopardy](https://ambroselaw247.com/dwi-dismissed-based-on-double-jeopardy/) - DWI Dismissed Based on Double Jeopardy Recently, Attorney Robert Ambrose obtained a dismissal of a DWI case based on double jeopardy grounds. The Minnesota and United States Constitutions protect against being subject to jeopardy of punishment twice for the same offense. Double jeopardy is sometimes confused for being charged with more than one offense for
- [Expungements Granted for Drug Possession Convictions!](https://ambroselaw247.com/expungements-granted-for-drug-possession-convictions/) - Expungements Granted for Drug Possession Convictions! Recently, Attorney Robert Ambrose obtained full statutory expungements on two separate drug possession convictions in two different metro counties. Neither case resolved in favor of his client, which means the burden was on us to show why our client deserved the expungements. Thankfully, each court agreed we met our
- [What to Expect When You Go to Ridgedale Court](https://ambroselaw247.com/what-to-expect-when-you-go-to-ridgedale-court/) - What to Expect When You Go to Ridgedale Court If you found yourself in a bit of trouble with the law on the west side of Hennepin County, you may be paying a visit to Ridgedale Court in Minnetonka, Minnesota. It is one of the two “dales” Hennepin County uses for suburban court appearances. There
- [Criminal Vehicular Operation Conviction Expungement Granted!](https://ambroselaw247.com/criminal-vehicular-operation-conviction-expungement-granted/) - Criminal Vehicular Operation Conviction Expungement Granted! Last week, Attorney Robert Ambrose obtained an expungement on a criminal vehicular operation (CVO) conviction. Notably, this was neither an expungement that resolved in favor of his client, nor was it supported by the prosecution. Despite the prosecution’s objection, the district court judge granted a full statutory expungement of
- [Observation Period in Breath Test DWI Cases to be Reviewed by MN Supreme Court in Knapp v. Commissioner of Public Safety](https://ambroselaw247.com/observation-period-in-breath-test-dwi-cases-to-be-reviewed-by-mn-supreme-court-in-knapp-v-commissioner-of-public-safety/) - Observation Period in Breath Test DWI Cases to be Reviewed by MN Supreme Court in Knapp v. Commissioner of Public Safety Next month, the Minnesota Supreme Court will hear oral arguments in Knapp v. Commissioner of Public Safety. The issue raised is central to the validity of all DWI breath test cases. It involves the
- [“Routine DNA” Swab Deemed Unconstitutional in State v. Steeprock](https://ambroselaw247.com/routine-dna-swab-deemed-unconstitutional-in-state-v-steeprock/) - “Routine DNA” Swab Deemed Unconstitutional in State v. Steeprock Cops, judges, probation officers, and the like often routinely get involved in obtaining bodily fluids from people. Sometimes, it is to test to for alcohol or drugs. Other times, they want your DNA. A common practice is for law enforcement to obtain a search warrant. They
- [Minnesota DWI Refusal Protections Eroded Further in State v. Lueck](https://ambroselaw247.com/minnesota-dwi-refusal-protections-eroded-further-in-state-v-lueck/) - Minnesota DWI Refusal Protections Eroded Further in State v. Lueck Recently, the Minnesota Supreme Court continued the appellate erosion of constitutional protections in DWI cases in State v. Lueck. This time it hit DWI Refusal cases. In Minnesota, it is a crime - DWI Refusal - if you refuse to submit to an evidentiary breath
- [Criminal Defense Attorney in Rosemount MN](https://ambroselaw247.com/criminal-defense-attorney-in-rosemount-mn/) - Need a criminal defense attorney in Rosemount MN? Ambrose Law Firm provides aggressive DUI, drug crime, and assault defense in Dakota County. (651) 800-4842.
- [Criminal Defense Attorney in Hastings MN | Ambrose Law Firm](https://ambroselaw247.com/criminal-defense-attorney-in-hastings-mn/) - Need a criminal defense attorney in Hastings MN? Ambrose Law Firm provides DUI, drug crime, and assault defense in Dakota County. Free Consult - (651) 800-4842.
- [Criminal Defense Attorney in Stillwater MN](https://ambroselaw247.com/criminal-defense-attorney-in-stillwater-mn/) - Need a criminal defense attorney in Stillwater MN? Ambrose Law Firm provides aggressive DUI, drug crime, and assault defense. Free Consultation (651) 800-4842.
- [Criminal Defense Attorneys Near Eagan MN](https://ambroselaw247.com/criminal-defense-attorneys-near-eagan-mn/) - Ambrose Law is a group of reputable criminal defense attorneys near Eagan MN. Specializing in DWI, Drug Crimes, assault, and a variety of white collar crimes.
- [Criminal Defense Attorney in Cottage Grove MN](https://ambroselaw247.com/criminal-defense-attorney-in-cottage-grove-mn/) - Ambrose Law Firm is a criminal defense attorney in Cottage Grove MN. Specializing in DWI/DUI, drug crimes, assault, and domestic assault, along with others.
- [Can Police Search Your Home Based Only on an Informant’s Unverified Tip?](https://ambroselaw247.com/can-police-search-your-home-based-only-on-an-informants-unverified-tip/) - Can Police Search Your Home Based Only on an Informant’s Unverified Tip? The Minnesota Supreme Court says no. Earlier this fall, in State v. Nagle, the Minnesota Supreme Court issued an important ruling about the role of confidential informants in establishing probable cause for a warrant. The Court reversed a conviction because officers obtained a
- [Domestic Assault Case Dismissed on Eve of Trial](https://ambroselaw247.com/domestic-assault-case-dismissed-on-eve-of-trial/) - Domestic Assault Case Dismissed on Eve of Trial Recently, Attorney Ambrose obtained a dismissal in a domestic assault case on the eve of trial in Washington County, Minnesota. Steadfast in his belief that he was acting in self-defense, Attorney Ambrose’s client turned down a Continuance for Dismissal at a previous pretrial hearing. Continuance for Dismissals
- [When Do You Have to Stop for a School Bus Arm in MN?](https://ambroselaw247.com/when-do-you-have-to-stop-for-a-school-bus-arm-in-mn/) - When Do You Have to Stop for a School Bus Arm in MN? Recently, the Minnesota Court of Appeals addressed this question in State v. Waln. In April of 2024, a person was driving their truck when they came upon a school bus that had recently stopped in the road in Brainerd, Minnesota. As the
- [Domestic Assault Conviction Expungement Granted!](https://ambroselaw247.com/domestic-assault-conviction-expungement-granted/) - Domestic Assault Conviction Expungement Granted! Recently, Attorney Robert Ambrose obtained an expungement on a domestic assault conviction. Notably, this was neither an expungement that resolved in favor of his client, nor was it older than ten years old. Expungements on relatively recent assault convictions are hard to come by. As much as Attorney Ambrose would
- [Ambrose Law Attorney, Benjamin Koll, Wins Again! DWI Dismissed Over Faulty Stop](https://ambroselaw247.com/ambrose-law-attorney-benjamin-koll-wins-again-dwi-dismissed-over-faulty-stop/) - Ambrose Law Attorney, Benjamin Koll, Wins Again! DWI Dismissed Over Faulty Stop Earlier this month, Ambrose Law Firm secured another major victory when a Beltrami County judge dismissed a case involving a Third-Degree DWI Test Refusal. Senior Associate Attorney Benjamin Koll argued the police’s traffic stop was unlawful, and the court agreed. The prosecutor claimed
- [Does Being in the Wrong Place at the Wrong Time Allow the Police to Search You? Minnesota Supreme Court Says No](https://ambroselaw247.com/does-being-in-the-wrong-place-at-the-wrong-time-allow-the-police-to-search-you-minnesota-supreme-court-says-no/) - Does Being in the Wrong Place at the Wrong Time Allow the Police to Search You? Minnesota Supreme Court Says No Earlier this week, the Minnesota Supreme Court reversed a conviction obtained against a Minneapolis teenager for unlawfully possessing a firearm as a minor In the Matter of the Welfare of C.T.B. The court held
- [When Is a Confession Alone Enough? Minnesota Supreme Court Answers in State v. Hill](https://ambroselaw247.com/when-is-a-confession-alone-enough-minnesota-supreme-court-answers-in-state-v-hill/) - When Is a Confession Alone Enough? Minnesota Supreme Court Answers in State v. Hill Earlier this month, the Minnesota Supreme Court weighed in on a long-standing question in criminal law: how much evidence is needed to support a confession of guilt? In State v. Hill, the MN Supreme Court reversed an appeals decision invalidating conviction
- [Officer Sniffs Out Conviction in North Dakota Hotel – How Does Marijuana Odor Validate a Warrant?](https://ambroselaw247.com/officer-sniffs-out-conviction-in-north-dakota-hotel-how-does-marijuana-odor-validate-a-warrant/) - Officer Sniffs Out Conviction in North Dakota Hotel – How Does Marijuana Odor Validate a Warrant? Earlier this year in United States v. Tate, the Eighth Circuit Court of Appeals upheld a drug conviction after officers traced the smell of marijuana to a hotel room and obtained a search warrant. The defendant, Leonard Tate, argued
- [Self-Checkout Shoplifting Conviction Upheld Despite Objections to Evidence](https://ambroselaw247.com/self-checkout-shoplifting-conviction-upheld-despite-objections-to-evidence/) - Self-Checkout Shoplifting Conviction Upheld Despite Objections to Evidence Earlier this month, the Minnesota Court of Appeals upheld a misdemeanor theft conviction against a woman accused of shoplifting at a Walmart self-checkout. In State v. Tucker, the defense objected to the prosecutor introducing a photo of a receipt listing the unpaid items, arguing the State failed
- [Probable Cause or Just a Hunch? MN Appeals Court Reverses Gun Conviction in State v. Johnson over Faulty Warrant](https://ambroselaw247.com/probable-cause-or-just-a-hunch-mn-appeals-court-reverses-gun-conviction-in-state-v-johnson-over-faulty-warrant/) - Probable Cause or Just a Hunch? MN Appeals Court Reverses Gun Conviction in State v. Johnson over Faulty Warrant This week, in State v. Johnson, the Minnesota Court of Appeals reversed a conviction for illegal possession of a firearm after ruling that a warrant to search one of Johnson’s vehicles was not supported by probable
- [DWI Test Refusal Just Got Tougher: What State v. Torrez Means for Defense Strategy?](https://ambroselaw247.com/dwi-test-refusal-just-got-tougher-what-state-v-torrez-means-for-defense-strategy/) - DWI Test Refusal Just Got Tougher: What State v. Torrez Means for Defense Strategy? This month, the Minnesota Supreme Court affirmed the ruling in State v. Torrez, holding that the State did not need to prove to a jury that police had probable cause for DWI when a blood or urine test is ordered
- [Can Police Enter Your Garage Without a Warrant? Not in This Case, Says MN Court of Appeals](https://ambroselaw247.com/can-police-enter-your-garage-without-a-warrant-not-in-this-case-says-mn-court-of-appeals/) - Can Police Enter Your Garage Without a Warrant? Not in This Case, Says MN Court of Appeals On May 19th, the Minnesota Court of Appeals reversed a DWI conviction in State v. Hulne, holding that a police officer’s warrantless entry into the defendant’s attached garage violated the Fourth Amendment. The decision reinforces constitutional protections against
- [MN Court of Appeals – Marijuana Odor Does Not Justify DWI Investigations](https://ambroselaw247.com/mn-court-of-appeals-marijuana-odor-does-not-justify-dwi-investigations/) - MN Court of Appeals – Marijuana Odor Does Not Justify DWI Investigations Recently, the Minnesota Court of Appeals reversed a first-degree DWI conviction, holding that the odor of marijuana alone does not justify escalating a routine traffic stop into a DWI investigation in State v. Babineau. This decision reinforces the idea that officers can no
- [Welfare Check Turns into DWI Arrest — MN Court of Appeals Sides with Police](https://ambroselaw247.com/welfare-check-turns-into-dwi-arrest/) - Welfare Check Turns into DWI Arrest — MN Court of Appeals Sides with Police Earlier this month, the Minnesota Court of Appeals reversed a district court’s decision to suppress evidence in a DWI case that began as a welfare check. In State v. Muumbo, the court held that the officer had reasonable suspicion to begin
- [Woman Topless in Public Not Indecent Exposure Says MN Supreme Court](https://ambroselaw247.com/woman-topless-in-public-not-indecent-exposure-says-mn-supreme-court/) - Woman Topless in Public Not Indecent Exposure Says MN Supreme Court Last week, the Minnesota Supreme Court weighed in on whether a woman walking around a gas station parking lot exposing her breasts was indecent exposure. The high court determined it was not indecent exposure and reversed the woman’s conviction. In its decision, the court
- [Continuance for Dismissals in Domestic Assault Cases Obtained by Attorney Ambrose](https://ambroselaw247.com/continuance-for-dismissals-in-domestic-assault-cases-obtained-by-attorney-ambrose/) - Continuance for Dismissals in Domestic Assault Cases Obtained by Attorney Ambrose Recently, Attorney Ambrose obtained Continuance for Dismissals in two separate domestic related cases in Ramsey County, Minnesota. One was for a domestic assault case; and the other for violating a domestic abuse no contact order (DANCO Violation). A Continuance for Dismissal is also known
- [Another Victory! Ambrose Law Firm Attorney, Benjamin Koll, Wins Again!](https://ambroselaw247.com/another-victory-ambrose-law-firm-attorney-benjamin-koll-wins-again/) - Another Victory! Ambrose Law Firm Attorney, Benjamin Koll, Wins Again! Ambrose Law Firm Attorney, Benjamin Koll, keeps stacking wins. This time, a Hennepin County judge granted his motion to dismiss all charges in a case, including Gross Misdemeanor DWI, Assault on a Peace Officer, and Obstruction of Legal Process. Attorney Koll challenged, in part, that
- [Limited License in Minnesota](https://ambroselaw247.com/limited-license-in-minnesota/) - Limited License in Minnesota A limited license, AKA work permit, is available in Minnesota for some DWI, implied consent revocation, and other offenses. Most commonly, someone will be eligible to get a limited license if it is their first DWI offense and they had a tested alcohol concentration under .16 or they refused the test.
- [Challenging Basis for PBT in DWI Case, MN Supreme Court Grants Review](https://ambroselaw247.com/challenging-basis-for-pbt-in-dwi-case-mn-supreme-court-grants-review/) - Challenging Basis for PBT in DWI Case, MN Supreme Court Grants Review Recently, the Minnesota Supreme Court granted review in a case challenging the basis for a law enforcement officer to administer a preliminary breath test (PBT). Ordinarily, in DWI cases, reasonable articulable suspicion is required for an officer to request a PBT during a
- [On Eve of Trial, Ambrose Law Firm Attorney, Benjamin Koll, Gets Case Dismissed](https://ambroselaw247.com/on-eve-of-trial-ambrose-law-firm-attorney-benjamin-koll-gets-case-dismissed/) - On Eve of Trial, Ambrose Law Firm Attorney, Benjamin Koll, Gets Case Dismissed Recently, Ambrose Law Firm Attorney, Benjamin Koll, obtained a dismissal on a Harassment Restraining Order (HRO) Violation case. This occurred on the eve of a jury trial. Previously, for the same client, Attorney Koll obtained acquittals for two assault charges and one
- [Wrongfully Admitted Evidence of Past Criminal Convictions Leads to New Trial in State v. Bauer](https://ambroselaw247.com/wrongfully-admitted-evidence-of-past-criminal-convictions-leads-to-new-trial-in-state-v-bauer/) - Wrongfully Admitted Evidence of Past Criminal Convictions Leads to New Trial in State v. Bauer In a significant win for criminal defendants with prior convictions, the Minnesota Court of Appeals overturned a conviction for second-degree criminal sexual conduct in State v Bauer. The appellate court ruled that the district court had improperly admitted evidence of
- [Five Expungement Cases Granted (Three of them DWIs)](https://ambroselaw247.com/five-expungement-cases-granted-three-of-them-dwis/) - Five Expungement Cases Granted (Three of them DWIs) This week, Attorney Robert Ambrose obtained five expungements in separate cases for one client. Three of those were for separate gross misdemeanor DWI convictions. All occurring in the same county. All for the same client. Notably, these were not expungements on cases that resulted in favor of
- [Major Changes Coming to MN DWI Penalties? New Bill Introduced](https://ambroselaw247.com/major-changes-coming-to-mn-dwi-penalties-new-bill-introduced/) - Major Changes Coming to MN DWI Penalties? New Bill Introduced A new bill was introduced in the Minnesota legislature that may spark major changes to DWI penalties in the state. The major overhaul in this bill would impact license revocation periods as detailed in Minnesota Statutes sections 169A.52 and 171.17. It would create a new
- [Recent Careless Driving Outcomes Obtained by Attorney Ambrose](https://ambroselaw247.com/recent-careless-driving-outcomes-obtained-by-attorney-ambrose/) - Recent Careless Driving Outcomes in DWI Cases Recently, Attorney Robert Ambrose obtained Careless Driving outcomes in a pair of DWI cases. At first blush, the cases did not look good. In one Ramsey County matter, his client was driving the wrong way and appeared heavily impaired. In a separate Anoka County case, his client got
- [Cop’s Inability to Read Temporary Tag Deemed Invalid to Support Traffic Stop](https://ambroselaw247.com/cops-inability-to-read-temporary-tag-deemed-invalid-to-support-traffic-stop/) - Cop’s Inability to Read Temporary Tag Deemed Invalid to Support Traffic Stop Many traffic stops initiated by law enforcement are for valid reasons: weaving all over the roadway, excessive speeding, holding your cell phone and streaming YouTube, and the like. However, some seizures are not valid. Some officers will look for any old reason to
- [Ambrose Law Firm Attorney, Benjamin Koll, Wins DWI Motion](https://ambroselaw247.com/ambrose-law-firm-attorney-benjamin-koll-wins-dwi-motion/) - Ambrose Law Firm Attorney, Benjamin Koll, Wins DWI Motion Recently, Ambrose Law Firm Attorney, Benjamin Koll, won a motion in Ramsey County on a DWI case. Attorney Koll brought a motion to suppress and dismiss a DWI Refusal charge because law enforcement denied his client’s right to consult with an attorney. Thankfully, the court agreed
- [Interior of Vehicle Considered a Public Place](https://ambroselaw247.com/interior-of-vehicle-considered-a-public-place/) - Interior of Vehicle Considered a Public Place Recently, the Minnesota Supreme Court determined the interior of a vehicle on a public roadway is a “public place” in State v. Bee. In this case, the Ramsey County Sheriff’s Office located a BB gun under the driver’s seat after a traffic stop and search of a vehicle.
- [Gross Misdemeanor Assault Expungements Granted](https://ambroselaw247.com/gross-misdemeanor-assault-expungements-granted/) - Gross Misdemeanor Assault Expungements Granted Recently, Attorney Robert Ambrose obtained expungements on two separate gross misdemeanor assault convictions in two separate Minnesota counties. Importantly, these were not expungements on stays of adjudications or continuances for dismissal. Expungements on cases with those resolutions are much easier to obtain. When a person is convicted of an offense,
- [DANCOs from Other States Can Be Violated in Minnesota](https://ambroselaw247.com/dancos-from-other-states-can-be-violated-in-minnesota/) - DANCOs from Other States Can Be Violated in Minnesota Recently, the Minnesota Court of Appeals determined that domestic-abuse no-contact orders (DANCOs) from other states can be violated in Minnesota. In State v. Walton, the defendant had a no-contact order against him issued by a court in Rhode Island. It stated that the defendant was to
- [Defense of Others and Duty to Retreat Reviewed by MN Supreme Court](https://ambroselaw247.com/defense-of-others-and-duty-to-retreat-reviewed-by-mn-supreme-court/) - Defense of Others and Duty to Retreat Reviewed by MN Supreme Court Recently, the Minnesota Supreme Court reviewed whether the defense of another requires a duty to retreat in State v. Valdez. Courts have long recognized self-defense as an affirmative defense in violent cases, such as assault or murder. When defending another person from being
- [Physical Control from the Back Seat? MN Court of Appeals Finds Probable Cause in State v. Nelson](https://ambroselaw247.com/physical-control-from-the-back-seat-mn/) - Physical Control from the Back Seat? MN Court of Appeals Finds Probable Cause in State v. Nelson Recently, the Minnesota Court of Appeals exploded the barriers of physical control in DWI cases. In State v. Nelson, the court reversed a probable cause dismissal by the district court when a man was found unconscious in
- [Attorney Robert Ambrose Gets DWI Dismissed and CDL Reinstated](https://ambroselaw247.com/attorney-robert-ambrose-gets-dwi-dismissed-and-cdl-reinstated/) - Attorney Robert Ambrose obtained a complete dismissal in a DWI case and his client got his CDL disqualification reinstated. The matter arose from a DWI case where the basis for the traffic stop was successfully challenged in pre-trial motion practice. A Minnesota State Patrol Officer believed our client was not driving his side-by-side ATV on
- [What is "Within Immediate Reach" for Firearms?](https://ambroselaw247.com/what-is-within-immediate-reach-for-firearms/) - What is “Within Immediate Reach” for Firearms Reviewed by MN Supreme Court Recently, the Minnesota Supreme Court reviewed the definition of what is “within immediate reach” for firearms in State v. Moore. Importantly, the evaluation is within the framework of aggravated first-degree controlled substance sale and possession offenses. In Moore, a handgun and drugs were
- [Attorney Robert Ambrose Gets $29,000+ Restitution Order Vacated](https://ambroselaw247.com/attorney-robert-ambrose-gets-29000-restitution-order-vacated/) - Attorney Robert Ambrose Gets $29,000+ Restitution Order Vacated Recently, Attorney Robert Ambrose had a nearly $30,000 restitution order vacated that was previously imposed against his client. The client and her family walked out the front door of the Scott County Courthouse with no restitution owed for her case. What is restitution you say? It is
- [Prescription Drug DWI Defense Totally Up to Judge](https://ambroselaw247.com/prescription-drug-dwi-defense-totally-up-to-judge/) - Prescription Drug DWI Defense Totally Up to Judge Recently, the Minnesota Court of Appeals ruled whether a driver can use a prescription drug defense in a DWI license revocation hearing is reviewed for an abuse of discretion. In other words, whether the prescription drug defense can even be raised is up to the district court
- [Attorney Robert Ambrose Obtains Complete Dismissals in Domestic Assault Cases](https://ambroselaw247.com/attorney-robert-ambrose-obtains-complete-dismissals-in-domestic-assault-cases/) - Attorney Robert Ambrose Obtains Complete Dismissals in Domestic Assault Cases In the past two weeks, Attorney Robert Ambrose obtained complete dismissals in two domestic assault cases. In each case, the prosecutor agreed to dismiss all charges against each client well in advance of a trial date even being scheduled. Each client walked out the front
- [Carrying a Pistol Under the Influence in Minnesota](https://ambroselaw247.com/carrying-a-pistol-under-the-influence-in-mn/) - Carrying a Pistol Under the Influence in Minnesota When someone is under the influence of alcohol or drugs, one of the last things they may be worried about is whether they are committing a crime if they are carrying a pistol. However, carrying a pistol under the influence in Minnesota is a common occurrence
- [Vehicles are Likely Dangerous Weapons Says MN Supreme Court](https://ambroselaw247.com/vehicles-are-likely-dangerous-weapons-mn-sup-ct/) - Vehicles are Likely Dangerous Weapons Says MN Supreme Court In recent summers, car takeover events received significant press in the twin cities. A takeover is when a group of people get together with several vehicles and occupy a street, intersection, or parking lot, thus taking over the area. People do not like the ruckus. It
- [Now Licensed in Wisconsin](https://ambroselaw247.com/now-licensed-in-wisconsin/) - This week, Attorney Robert Ambrose obtained licensure in the great state of Wisconsin. Contact us for a consultation at no charge for your Wisconsin criminal defense needs.
- [Sales Tax Fraud in Minnesota](https://ambroselaw247.com/sales-tax-fraud-in-minnesota/) - Sales Tax Fraud in Minnesota Sales tax fraud in Minnesota is not merely an issue for large corporations, it also affects small businesses and individuals alike. In fact, it is often a bigger issue for small businesses that do not have the safeguards and compliance in place to ensure proper reporting. The two most common
- [Transforming Traffic Stops: California’s New Approach Eliminates “Do You Know Why I Stopped You?”](https://ambroselaw247.com/california-eliminates-do-you-know-why-i-stopped-you/) - Transforming Traffic Stops: California’s New Approach Eliminates “Do You Know Why I Stopped You?” Recently, California instituted a groundbreaking policy altering the dynamics of police-citizen interactions during traffic stops. As of January 2024, California officers must not ask individuals why they were pulled over. In fact, the cop must state why they pulled you over.
- [Clearing the Smoke: President Biden Pardon Plans for Marijuana Offenses](https://ambroselaw247.com/president-biden-pardon-plans-for-marijuana-offenses/) - Clearing the Smoke: President Biden Pardon Plans for Marijuana Offenses In a significant move toward criminal justice reform, President Joe Biden took steps to address the longstanding issue of marijuana-related offenses. Recognizing the need for equity and fairness in the legal system, the Biden administration initiated a pardon process aimed at individuals convicted of non-violent
- [Minnesota Roadside DWI Tests Starting for Marijuana (THC) & Other Drugs](https://ambroselaw247.com/minnesota-roadside-tests-starting-for-marijuana/) - Minnesota Roadside DWI Tests Starting for Marijuana (THC) & Other Drugs Minnesota law enforcement officers are beginning to ramp up DWI detection for marijuana (THC). Starting this month, police will use roadside tests not previously deployed in the field. One, is the SoToxa Oral Fluid Mobile Analyzer and the other is the Drager DrugTest 5000.
- [Move Over Law in Minnesota Gets an Upgrade](https://ambroselaw247.com/move-over-law-in-minnesota-gets-an-upgrade/) - Move Over Law in Minnesota Gets an Upgrade Recently, this past summer, Minnesota’s Move Over Law got an upgrade. Previously, the law only required drivers to move over for emergency vehicles with flashing lights activated, such as law enforcement, ambulances, fire, construction, and tow trucks. Now, the new law expanded to stalled and disabled vehicles
- [Disassembled Gun with Missing Parts Considered a Firearm by MN Supreme Court](https://ambroselaw247.com/disassembled-gun-considered-a-firearm/) - Disassembled Gun with Missing Parts Considered a Firearm by MN Supreme Court In a bizarre decision, the Minnesota Supreme Court determined that a disassembled shotgun with missing parts is a firearm. State v. Stone is the case. Mr. Stone was ineligible to possess a firearm being previously convicted of a crime of violence (importantly, some
- [Odor of Marijuana Alone is Not Enough to Search Says MN Supreme Court](https://ambroselaw247.com/odor-of-marijuana-alone-is-not-enough-to-search/) - Odor of Marijuana Alone is Not Enough to Search Says MN Supreme Court Recently, the Minnesota Supreme Court determined that only the odor of marijuana is not sufficient for probable cause to search a vehicle in State v. Torgerson. Significantly, this decision is based on Minnesota law in 2021, which is beforemarijuana was legalized this
- [Hands-Free Law Finally, Literally, Requires Hands-Free in Minnesota](https://ambroselaw247.com/hands-free-law-finally-literally-requires-hands-free-in-minnesota/) - Hands-Free Law Finally, Literally, Requires Hands-Free in Minnesota One of the new laws that went into effect this summer, was a change to Minnesota’s Hands-Free Law. Previously, you could hold your phone in your hand in certain situations or tap your phone to initiate a call or GPS. Now, the new law, prohibits holding your
- [What to Look for in a Criminal Defense Attorney in Woodbury](https://ambroselaw247.com/what-to-look-for-in-a-criminal-defense-attorney-in-woodbury/) - Facing a criminal charge can be one of the most stressful experiences in life. Whether you are guilty or innocent, you deserve the best defense possible. Choosing a criminal defense attorney is a crucial step in this process. But how do you know who to hire? Here are some important factors to consider when looking
- [Theft and White Collar Crimes Attorney](https://ambroselaw247.com/theft-and-white-collar-crimes-attorney/) - Have you or someone you know been accused of theft and white-collar crime in Woodbury? These kinds of charges can be a blow to your reputation, your career, and your finances. It's important to have someone in your corner who can fiercely defend your rights and work towards a positive outcome. That's where Ambrose Law
- [Assault Charges](https://ambroselaw247.com/assault-charges/) - Assault is a serious criminal offense that can carry significant penalties, including jail time, fines, and a permanent criminal record. If you are facing assault charges, you need the best legal representation possible to help protect your rights and minimize the potential consequences. That's why you should consider hiring Ambrose Law to represent you in
- [Hire An Experienced Attorney for a Criminal Vehicular Homicide Case](https://ambroselaw247.com/hire-an-experienced-attorney-for-a-criminal-vehicular-homicide-case/) - Criminal vehicular homicide is one of the worst crimes someone could be charged with, and the punishments can range from years in prison to life sentences. Having an experienced criminal defense attorney is very crucial when you are facing criminal vehicular homicide charges. If you or your loved one is going through this difficult time,
- [Attorneys Ambrose and Koll Named 2023 Super Lawyers](https://ambroselaw247.com/attorneys-ambrose-and-koll-named-2023-super-lawyers/) - Attorneys Ambrose and Koll Named 2023 Super Lawyers Recently, Super Lawyers named Attorney Robert Ambrose a Super Lawyer for 2023. This is his second straight year on the last after six straight years as a Rising Star. For the first time, Attorney Benjamin Koll received the Rising Star designation from Super Lawyers. Super Lawyers is
- [DWI vs DUI in Minnesota: Understanding the Key Distinctions](https://ambroselaw247.com/dwi-vs-dui-in-minnesota-understanding-the-key-distinctions/) - If you're facing DWI charges in Woodbury, you're likely wondering about the difference between DWI vs DUI and why you're being charged with two DWI offenses for the same incident. Allow Ambrose Law to shed some light on these common concerns. The Difference Explained In essence, the disparity between DWI vs DUI in Minnesota is
- [The Essential Guide to Understanding DWI Penalties in Minnesota](https://ambroselaw247.com/the-essential-guide-to-understanding-dwi-penalties-in-minnesota/) - If you get pulled over for driving under the influence in Minnesota, it's crucial to understand your rights and options. Don't hesitate to reach out to a DWI attorney right away to ensure a fair legal defense. Breaking Down the Different Charges DWI offenses in Woodury, MN can be classified as misdemeanors, gross misdemeanors, or
- [Everything You Need to Know about Getting a DUI](https://ambroselaw247.com/everything-you-need-to-know-about-getting-a-dui/) - So, you've been charged with a DUI in Woodbury. What does it mean and what can you expect next? To put it simply, getting a DUI means you were caught driving under the influence of alcohol or drugs. That's what DUI stands for. It's also known as driving while intoxicated (DWI) or operating under the
- [MN MJ: A Primer on Minnesota’s New Marijuana Laws – Part III](https://ambroselaw247.com/mn-mj-a-primer-on-minnesotas-new-marijuana-laws-part-iii/) - MN MJ: A Primer on Minnesota’s New Marijuana Laws – Part III Recently, we went over the limitations on Minnesota’s New Marijuana Laws, including age, amount, and location in Part I and sale or possession of marijuana or tetrahydrocannabinols offenses in Part II. Here, we review the impact the Minnesota’s new marijuana law has on
- [MN MJ: A Primer on Minnesota’s New Marijuana Laws – Part II](https://ambroselaw247.com/mn-mj-a-primer-on-minnesotas-new-marijuana-laws-part-ii/) - MN MJ: A Primer on Minnesota’s New Marijuana Laws – Part II Recently, we went over the limitations on Minnesota’s New Marijuana Laws, including age, amount, and location in Part I. In this installment, we evaluate possession and sales offenses. What evolved are new crimes called “Possession of Cannabis” and “Sale of Cannabis”. The traditional
- [MN MJ: A Primer on Minnesota’s New Marijuana Laws – Part I](https://ambroselaw247.com/primer-on-minnesotas-new-marijuana-laws-part-i/) - MN MJ: A Primer on Minnesota’s New Marijuana Laws – Part I Recently, Minnesota became the 23rd state to legalize recreational marijuana, or as Minnesota calls it Cannabis, starting August 1, 2023. Adult use is allowed July 1, 2023, but everything else does not start until August 1, 2023. Importantly, it does mean that cannabis
- [Prosecutors Using Second Degree Riot as a Vehicle to Charge Car Takeover Events](https://ambroselaw247.com/second-degree-riot-car-takeover-events/) - Prosecutors Using Second Degree Riot as a Vehicle to Charge Car Takeover Events Recently, takeover events have made headlines around the twin cities. Vehicle “takeovers” are when a group of people occupy an intersection or parking lot and start doing donuts, thus taking over the area. Often it is for show and a form of
- [Driver’s License for All in Minnesota](https://ambroselaw247.com/drivers-license-for-all-in-minnesota/) - Driver’s License for All in Minnesota The Driver’s License for All Bill was passed by the Minnesota Legislature in early 2023. Governor Walz went on to sign the bill on March 7, 2023. The law is set to be implemented in October of 2023. This law will directly reverse the 2003 law that was passed
- [Accidentally Carrying Firearm through MSP Airport Security](https://ambroselaw247.com/carrying-firearm-through-msp-airport-security/) - Accidentally Carrying Firearm through MSP Airport Security Have you ever been to the airport and forgot you had a bottle of water in your bag? TSA normally just requests for the bottle to be thrown away, and you can continue through the security checkpoint to your gate without incident. If you forgot your firearm was
- [Does Testifying Over Zoom Violate a Defendant's Right to Confrontation: State v. Tate](https://ambroselaw247.com/testifying-over-zoom-violate-confrontation/) - Does Testifying Over Zoom Violate a Defendant’s Right to Confrontation: State v. Tate Recently, in State v. Tate, the Minnesota Supreme Court considered whether a defendant’s Sixth Amendment right under the U.S. Constitution is violated by allowing a prosecution’s witness to testify via Zoom rather than in person due to COVID-19 exposure. A criminal defendant
- [Defining Enterprise in RICO: State v. Paulson](https://ambroselaw247.com/defining-enterprise-in-rico-state-v-paulson/) - Defining Enterprise in RICO: State v. Paulson Recently, the Minnesota Court of Appeals looked at the definition of enterprise within the meaning of racketeering statute in State v. Paulson. The RICO Act (Racketeer Influenced and Corrupt Organizations Act) includes a definition of “enterprise”. It is defined as “a group of persons collectively participating in or
- [Recreational Legalization of Marijuana in Minnesota and What It Means for Prior Convictions](https://ambroselaw247.com/recreational-legalization-of-marijuana-in-minnesota/) - Recreational Legalization of Marijuana in Minnesota and What It Means for Prior Convictions The Minnesota House passed a recreational use of marijuana bill for those ages 21 and older. Because the Democrats have a slim majority in the Senate, the Minnesota Senate is also likely to pass it with some possible amendments. The major takeaway
- [Why Should I Hire a Criminal Defense Lawyer in Minneapolis?](https://ambroselaw247.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://ambroselaw247.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://ambroselaw247.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://ambroselaw247.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://ambroselaw247.com/do-you-need-a-dui-dwi-lawyer/) - We speak to dozens who ask these questions every day: Are 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://ambroselaw247.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
- [MN Supreme Court Allows Withdrawal of Guilty Plea on Felony Murder](https://ambroselaw247.com/mn-supreme-court-allows-withdrawal-guilty-plea/) - MN Supreme Court Allows Withdrawal of Guilty Plea on Felony Murder Recently, to “correct a manifest injustice”, the Minnesota Supreme Court allowed a withdrawal of a guilty on a felony murder case. How can that be, you say? Withdraw, take back, your guilty plea? Here, the record made in court when the defendant plead guilty
- [Defendants Must Sign Plea Petitions, Attorneys Should Not Sign on Their Behalf](https://ambroselaw247.com/defendants-must-sign-plea-petitions/) - Defendants Must Sign Plea Petitions, Attorneys Should Not Sign on Their Behalf As crazy as it sounds, defendants must sign plea petitions, attorneys should not sign on their behalf. Since COVID hit March 2020, the court system underwent a drastic change to video hearings. More than two years later, many courts are still conducting hearings
- [Trying a Kid as an Adult: MN Supreme Court Evaluates Judge’s Adult Certification Ruling](https://ambroselaw247.com/trying-a-kid-as-an-adult-mn/) - Trying a Kid as an Adult: MN Supreme Court Evaluates Judge’s Adult Certification Ruling Before a juvenile can be tried as an adult in Minnesota, the prosecution needs to file a motion for certification for adult prosecution. Then, unless stipulated to in the rare circumstance, a certification hearing will take place. There, the prosecution and
- [Lab Tests on Marijuana Not Needed to Survive Probable Cause Challenge](https://ambroselaw247.com/lab-tests-on-marijuana-not-needed-to-survive-probable-cause-challenge/) - Lab Tests on Marijuana Not Needed to Survive Probable Cause Challenge “Can you get my case thrown out?” People often ask their criminal defense lawyer that question. They want the magic to happen. They do not even want the case to get to trial. Find the technicality. Get it dismissed. And, let’s bounce. As an
- [Recordings Without Complaining Witness Admissible in Domestic Assault Cases? MN Supreme Court to Decide Confrontation Clause Issue](https://ambroselaw247.com/recordings-without-witness-admissible-in-assault/) - Recordings Without Complaining Witness Admissible in Domestic Assault Cases? MN Supreme Court to Decide Confrontation Clause Issue As criminal defense lawyers, we often hear “what if the witness does not show up? Won’t they have to dismiss my case?” These questions come up in all types of criminal cases, but more commonly, they get asked
- [When Can You Invoke Your Miranda Rights? MN Supreme Court Says Not Too Early](https://ambroselaw247.com/when-can-you-invoke-your-miranda-rights-mn-supreme-court-says-not-too-early/) - When Can You Invoke Your Miranda Rights? MN Supreme Court Says Not Too Early Knowing when can you invoke your Miranda rights should be simple, right? The cops want to talk to you about something, you think all I have to do is say I want a lawyer and I should be good, right…right? Unfortunately,
- [What is a PBT (Preliminary Breath Test) in DWI Cases?](https://ambroselaw247.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
- [How Long Do DWI Cases Take?](https://ambroselaw247.com/how-long-do-dwi-cases-take/) - How Long Do DWI Cases Take? It depends. From arrest to final disposition, it can be a matter of a few days to a few years. Factors that impact the length of your case include: the level of your DWI charge, the facts of your case, the location, and how long it takes for a
- [What is the One-Leg Stand Test?](https://ambroselaw247.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
- [How Do I Beat My DUI Case in MN?](https://ambroselaw247.com/how-do-i-beat-my-dui-case-in-mn/) - How Do I Beat My DUI Case in MN? You may be wondering how do I beat my DUI case in MN. Often, the first thing to review is how you encountered law enforcement. DUI cases often start with a traffic stop. Some begin when the vehicle is already stopped. In either event, reviewing whether
- [What Is The Biggest DWI Myth?](https://ambroselaw247.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
- [Can You Help Clients Get Out of Jail After an Arrest for DWI?](https://ambroselaw247.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 Type of Penalties Am I Looking for a First Time DWI?](https://ambroselaw247.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 Me Get My License Back After a DWI Arrest?](https://ambroselaw247.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
- [Can You Help Me Get My Vehicle Back After An Arrest for DWI?](https://ambroselaw247.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
- [What are the Levels of DWI/DUI in Minnesota?](https://ambroselaw247.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
- [What Happens if I Refuse To Take a Breath, Blood, or Urine Test?](https://ambroselaw247.com/what-happens-if-i-refuse-to-take-a-breath-blood-or-urine-test/) - When arresting someone for DWI in Minnesota, the entire process can be overwhelming and confusing. Almost always, the person is asked a number of questions, requested to perform field sobriety tests, requested to submit to a PBT, arrested, transported to a police station, and then (presumably) read their rights before being asked to take a
- [What Are Whiskey Plates and Will I Be Required to Display These if I’m Convicted of DWI?](https://ambroselaw247.com/what-are-whiskey-plates-and-will-i-be-required-to-display-these-if-im-convicted-of-dwi/) - If you've spent much time driving in Minnesota, you may have noticed a few vehicles with plain white license plates with black or blue lettering, with the letter W always appearing first. These are often referred to as "whiskey plates." Individuals who have been involved in certain DWI/DUI incidents in Minnesota are required to display
- [When can the police in Minnesota pull you over for DWI?](https://ambroselaw247.com/when-can-the-police-in-minnesota-pull-you-over-for-dwi/) - A police officer cannot detain you arbitrarily under Minnesota and United States law. Typically, a police officer requires "reasonable suspicion" to initiate a traffic stop. Reasonable suspicion entails that the officer has grounds for suspecting criminal activity. It does not necessarily imply that criminal activity is occurring, only that there are indications that criminal activity
- [Do I need to be driving to receive a DWI?](https://ambroselaw247.com/do-i-need-to-be-driving-to-receive-a-dwi/) - A person can be convicted of DWI under Minnesota law if he or she is driving, operating, or in physical control of a motor vehicle while under the influence of a controlled substance or alcohol. Cases involving the operation or driving of a motor vehicle are relatively straightforward. Physical control cases are significantly more complicated.
- [Is it Worth Getting a Lawyer for my DWI in MN?](https://ambroselaw247.com/is-it-worth-getting-a-lawyer-for-my-dwi-in-mn/) - Is it Worth Getting a Lawyer for my DWI in MN? Short answer: yes. It is worth getting a lawyer for your DWI. You likely expect that answer in this post from a law firm representing people on DWIs and criminal defense. However, DWI attorneys know the nuances of DWI laws and can add
- [How Much Is a DWI Going to Cost Me in MN?](https://ambroselaw247.com/how-much-is-a-dwi-going-to-cost-me-in-mn/) - How Much Is a DWI Going to Cost Me in MN? The overall cost a DWI in Minnesota generally varies. There are four levels of DWI in Minnesota. The higher the level (first degree felony is the worst / fourth degree misdemeanor is the least severe), the higher the likelihood you will pay more for
- [How Likely is Jail Time for First DWI in MN?](https://ambroselaw247.com/how-likely-is-jail-time-for-first-dwi-in-mn/) - How Likely is Jail Time for First DWI in MN? For most people, jail time on a first DWI in Minnesota is unlikely. A more definitive answer mainly depends on how serious that first DWI is and the location of where your DWI occurred. The severity levels of DWIs in Minnesota range from first degree
- [Ignition Interlock Updates for 2022 in MN](https://ambroselaw247.com/ignition-interlock-updates-for-2022-in-mn/) - Ignition Interlock Updates for 2022 in MN When a driver gets a DWI in Minnesota it often prompts a loss of driver’s license. In many circumstances, there is an option to get on Minnesota’s ignition interlock device program. This will allow a driver to obtain a restricted driver’s license during their revocation period. Recently, Minnesota
- [When Do I have the Right to Talk to a Lawyer During a DWI Arrest in MN](https://ambroselaw247.com/when-do-i-have-the-right-to-talk-to-a-lawyer-during-a-dwi-arrest-in-mn/) - When Do I have the Right to Talk to a Lawyer During a DWI Arrest in MN? “Don’t talk to the cops without an attorney.” Usually, the best advice someone can follow if interacting with law enforcement. The Sixth Amendment guarantees your right to counsel. You also have the right to not incriminate yourself under
- [What is the Walk and Turn Test?](https://ambroselaw247.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://ambroselaw247.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
- [What is First Degree DWI in MN?](https://ambroselaw247.com/what-is-first-degree-dwi-in-mn/) - What is First Degree DWI in MN? First Degree DWI is a felony in Minnesota. It is the highest level of DWI in Minnesota. A first offense felony DWI has a maximum sentence of up to seven years in prison and a $14,000 fine. A first offense felony DUI in Minnesota does not mean a
- [What is Second Degree DWI in MN?](https://ambroselaw247.com/what-is-second-degree-dwi-in-mn/) - What is Second Degree DWI in MN? 2nd Degree DWI is a gross misdemeanor in Minnesota. Gross misdemeanors have a maximum punishment of up to one year in jail and a $3,000 fine. 2nd Degree DWI is the second most severe level of DWI in Minnesota. 1st Degree Felony DWI is the only more serious
- [What is Third Degree DWI in MN?](https://ambroselaw247.com/what-is-third-degree-dwi-in-mn/) - What is Third Degree DWI in MN? Third Degree DWIs in Minnesota are gross misdemeanor offenses. These carry up to a maximum punishment of up to one year in jail and a $3,000 fine. Third Degree DWIs are neither the worst, nor least severe DWI. Felony First Degree DWI is the worst DWI in Minnesota.
- [Minnesota Ignition Interlock Updates for 2022](https://ambroselaw247.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 Fourth Degree DWI in MN?](https://ambroselaw247.com/what-is-fourth-degree-dwi-in-mn/) - What is Fourth Degree DWI in MN? Fourth Degree DWIs in MN are misdemeanor offenses. These carry a maximum sentence of up to 90 days in jail and a $1,000 fine. However, Fourth Degree DWIs are the least severe DWI in Minnesota. Felony First Degree DWI is the worst. Gross Misdemeanor Second and Gross Misdemeanor
- [SCOTUS Effectively Guts Ineffective Assistance of Counsel Claims: Shinn v. Ramirez](https://ambroselaw247.com/scotus-effectively-guts-ineffective-assistance-of-counsel-claims-shinn-v-ramirez/) - SCOTUS Effectively Guts Ineffective Assistance of Counsel Claims: Shinn v. Ramirez On Monday, the United States Supreme Court issued an opinion effectively overruling past precedent regarding evidentiary hearings to establish ineffective assistance of counsel claims in Shinn v. Ramirez. Two defendants Ramirez and Jones were convicted of capital murder in Arizona state court and sentenced
- [What is an Aggravated Departure?](https://ambroselaw247.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://ambroselaw247.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://ambroselaw247.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://ambroselaw247.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://ambroselaw247.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://ambroselaw247.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://ambroselaw247.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://ambroselaw247.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://ambroselaw247.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://ambroselaw247.com/how-long-does-a-dwi-stay-on-your-record-in-minnesota/) - Short answer: forever. Longer answer: for insurance purposes it may be shorter. If you get an expungement of your Minnesota DWI, then it can be on your record for less time. For enhancement purposes, it is a ten-year time frame in Minnesota. Every insurance company is different. How the company treats even one DWI can
- [Driving Without a Valid License on Private Property is Permissible](https://ambroselaw247.com/driving-without-a-valid-license-on-private-property-is-permissible/) - Driving Without a Valid License on Private Property is Permissible Recently, the Minnesota Court of Appeals overturned a driving with a cancelled driver’s license and DWI because the driver was driving on his driveway when the officer arrested him. In State v. Velisek, the court reversed Velisek’s convictions because the statute prohibiting a person with
- [How do I expunge my Juvenile Record in Minnesota?](https://ambroselaw247.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-,
- [Minnesota Supreme Court Limits Governor’s Pardon Powers](https://ambroselaw247.com/minnesota-supreme-court-limits-governors-pardon-powers/) - Minnesota Supreme Court Limits Governor’s Pardon Powers Recently, the Minnesota Supreme Court ruled against Governor Walz’s attempt to grant pardons without unanimity in Shefa v. Ellison. In Minnesota, the statute governing pardons states that the board of pardons consists of three members: the governor, the attorney general, and the chief justice of the supreme court.
- [What is a Durational Departure?](https://ambroselaw247.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
- [Can Juveniles be Tried as Adults?](https://ambroselaw247.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
- [Testimony Over Video Does Not Violate Confrontation Clause](https://ambroselaw247.com/testimony-over-video-does-not-violate-confrontation-clause/) - Testimony Over Video Does Not Violate Confrontation Clause Recently, the Minnesota Court of Appeals addressed whether a police officer testifying via video violated a defendant’s right to confrontation in State v. Tate. The court ultimately said it did not violate the defendant’s constitutional rights and allowed the testimony to be admitted into evidence. During the
- [What is the difference between Juvenile Court vs. Adult Court?](https://ambroselaw247.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
- [License Plate Reader Used Without a Warrant or Exception Ruled Unlawful](https://ambroselaw247.com/license-plate-reader-used-without-a-warrant-or-exception-ruled-unlawful/) - License Plate Reader Used Without a Warrant or Exception Ruled Unlawful Recently, the Minnesota Court of Appeals addressed whether using an automated license plate reader (ALPR) was lawful when neither a warrant was obtained nor exigent circumstances existed. Because there is a Minnesota Statute governing ALPRs, the court of appeals focused primarily on that law
- [Attorney Ben Koll Wins Motion to Suppress and Dismiss in DWI Case](https://ambroselaw247.com/attorney-ben-koll-wins-motion-to-suppress-and-dismiss-in-dwi-case/) - Attorney Ben Koll Wins Motion to Suppress and Dismiss in DWI Case Recently, Attorney Ben Koll of Ambrose Law Firm won a motion to suppress and dismiss all charges in a Hennepin County DWI case. Here is a recap of his victory. In the Spring of 2020, just after the death of George Floyd, T.R.
- [What is a Dispositional Departure?](https://ambroselaw247.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://ambroselaw247.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
- [Speedy Trial Demands During the COVID-19 Pandemic](https://ambroselaw247.com/speedy-trial-demands-during-the-covid-19-pandemic/) - Speedy Trial Demands During the COVID-19 Pandemic Since the beginning of the pandemic, courts across Minnesota and the nation have been dealing with an excess of court delays, cancellations, remote hearings, and continuances. The backlog of cases is gluttonous in some jurisdictions. For some defendants, waiting longer for their case to conclude is not that
- [What is a Norgaard Plea?](https://ambroselaw247.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
- [“Have you been drinking?” Legal Question Says MN Supreme Court During DWI Traffic Stop](https://ambroselaw247.com/have-you-been-drinking-legal-question-says-mn-supreme-court-during-dwi-traffic-stop/) - “Have you been drinking?” Legal Question Says MN Supreme Court During DWI Traffic Stop Recently, the Minnesota Supreme Court waded into the waters of DWI traffic stops. In State v. Taylor, a cop approached a driver and asked him if he had been drinking. What is so wrong with that question, you ask? The officer
- [How Likely is Jail Time for First DUI in Minnesota?](https://ambroselaw247.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
- [Arizona Changes the Game in Jury Selection by Eliminating Peremptory Challenges](https://ambroselaw247.com/arizona-changes-the-game-in-jury-selection-by-eliminating-peremptory-challenges/) - [column width="4/5" last="true" title="" title_type="single" animation="none" implicit="true"] Arizona Changes the Game in Jury Selection by Eliminating Peremptory Challenges Peremptory challenges allow attorneys to strike potential jurors from sitting on the jury without a reason unless it is motivated by race, ethnicity, or sex. This allows each side to remove potential jurors that they do not
- [How Much Does a DWI Cost in Minnesota?](https://ambroselaw247.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
- [Woman Gets DWI While on Autopilot in Tesla](https://ambroselaw247.com/woman-gets-dwi-while-on-autopilot-in-tesla/) - Woman Gets DWI While on Autopilot in Tesla Recently, a California woman got arrested for a DWI while driving her Tesla on autopilot. Allegedly, the woman passed out at the wheel while her husband was following her in another vehicle. Tesla’s self-driving mode allegedly took over command of the woman’s car. While the vehicle drove
- [Minnesota Supreme Court Narrows Scope of Third-Degree Murder: State v. Noor](https://ambroselaw247.com/minnesota-supreme-court-narrows-scope-of-third-degree-murder-state-v-noor/) - Minnesota Supreme Court Narrows Scope of Third-Degree Murder: State v. Noor On Wednesday, the Minnesota Supreme Court narrowed the prosecution’s scope of third-degree murder cases in State v. Noor. This is a highly publicized case throughout Minnesota and the nation. Noor, a Minneapolis cop at the time, was riding in the passenger seat of a
- [What is the Difference Between DWI and DUI in Minnesota?](https://ambroselaw247.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://ambroselaw247.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://ambroselaw247.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
- [Minnesota's New Reckless Driving Law](https://ambroselaw247.com/minnesotas-new-reckless-driving-law/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [column_1 width="1/4" title="" title_type="single" animation="none" implicit="true"] [/column_1] [column_1 width="3/4" last="true" title="" title_type="single" animation="none" implicit="true"] Minnesota’s New Reckless Driving Law Much of the publicity about Minnesota’s new laws going into effect
- [Minnesota Court of Appeals Holds Prosecutor Acted in Bad Faith](https://ambroselaw247.com/minnesota-court-of-appeals-holds-prosecutor-acted-in-bad-faith/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [column_1 width="1/4" title="" title_type="single" animation="none" implicit="true"] [/column_1] [column_1 width="3/4" last="true" title="" title_type="single" animation="none" implicit="true"] In State v. Olson, the Minnesota Court of Appeals recently smacked down the Minneapolis City Attorney’s
- [Underage Consumption of Alcohol & Its Surprising Affirmative Defense](https://ambroselaw247.com/underage-consumption-of-alcohol-minnesota-defense/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [column_1 width="1/4" title="" title_type="single" animation="none" implicit="true"] [/column_1] [column_1 width="1/2" last="true" title="" title_type="single" animation="none" implicit="true"] You are young. On summer break. Life is good. You might spend all day streaming Netflix
- [Accomplice Liability & the Slow Application of the Foreknowledge Requirement](https://ambroselaw247.com/accomplice-liability-aiding-abetting-foreknowledge-requirement/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="false" extended_padding="true" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="false" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [column_1 width="1/4" title="" title_type="single" animation="none" implicit="true"] [/column_1] [column_1 width="1/2" last="true" title="" title_type="single" animation="none" implicit="true"] If you hire a hitman to take out your horrible boss; if you give your bookie
- [Minnesota's New DWI Law: .16 or More as an Aggravating Factor Goes Into Effect Tomorrow](https://ambroselaw247.com/minnesota-dwi-law-16-or-more-alcohol-concentration-gross-misdemeanor/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [column_1 width="1/4" title="" title_type="single" animation="none" implicit="true"] [/column_1] [column_1 width="1/2" last="true" title="" title_type="single" animation="none" implicit="true"] Minnesota’s New DWI Law - .16 or More BAC is Now an Aggravating Factor: Resulting in
- [You Stopped Me for What? Search and Seizure in Minnesota DWI Cases: State v. Hegwood](https://ambroselaw247.com/basis-for-traffic-stop-search-and-seizure-in-minnesota-dwi-cases/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [column_1 width="1/4" title="" title_type="single" animation="none" implicit="true"] [/column_1] [column_1 width="1/2" last="true" title="" title_type="single" animation="none" implicit="true"] “Woop Ba-Woop Woop Wooop!” What the..? Is that a cop? Is it meant for me? What
- [Bail Me Out! Minnesota's Bail and Bond Procedures: Part I - Jurisdiction](https://ambroselaw247.com/bail-me-out-minnesotas-bail-and-bond-procedures-part-i-jurisdiction/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [column_1 width="1/4" title="" title_type="single" animation="none" implicit="true"] [/column_1] [column_1 width="1/2" last="true" title="" title_type="single" animation="none" implicit="true"] “If I go to jail tonight, promise you’ll pay my bail.”[1] Ahh, the signs of true
- [Bail Me Out! Minnesota's Bail & Bond Procedures: Part II - Type & Level of Offense](https://ambroselaw247.com/bail-me-out-minnesotas-bail-bond-procedures-part-ii-type-level-of-offense/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [column_1 width="1/4" title="" title_type="single" animation="none" implicit="true"] [/column_1] [column_1 width="1/2" last="true" title="" title_type="single" animation="none" implicit="true"] Recently, we discussed Kanye’s request to have Rihanna pay his bail and the impact jurisdiction plays
- [Bail Me Out! Minnesota's Bail & Bond Procedures: Part III - 36 & 48 Hour Rules](https://ambroselaw247.com/bail-me-out-minnesotas-bail-bond-procedures-part-iii-36-48-hour-rules/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [column_1 width="1/4" title="" title_type="single" animation="none" implicit="true"] [/column_1] [column_1 width="1/2" last="true" title="" title_type="single" animation="none" implicit="true"] Get me out of jail already. We already discussed the two main factors triggering bail: (1)
- [Minnesota’s New Expungement Law: Domestic Abuse Cases Now Eligible](https://ambroselaw247.com/minnesotas-new-expungement-law-domestic-abuse-cases/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [column_1 parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/4"] [/column_1] [column_1 width="1/2" last="true" title="" title_type="single"
- [Necessity Defense Now Available in Minnesota Implied Consent Cases](https://ambroselaw247.com/necessity-defense-minnesota-implied-consent/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] In the wake of Axelberg v. Comm’r of Pub. Safety, the legislature decided to expand the scope of defenses available for implied consent hearings.[1] Now, a person may raise the common law affirmative defense of necessity in an implied consent hearing (Minn. Stat. 169A.53, subd. 3(b)(11); subd. 3(h)).[2] This
- [Minnesota Swallows the Exclusionary Rule by Adopting the Good-Faith Exception: State v. Lindquist](https://ambroselaw247.com/minnesota-exclusionary-rule-good-faith-exception-state-v-lindquist/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Last week, the Minnesota Supreme Court took a giant step backwards in its Fourth Amendment jurisprudence in State v. Lindquist. After not adopting the good-faith exception[1] nearly two years ago in State v. Brooks, the Court in Lindquist decided to change course and swallow the exclusionary rule by adopting
- [Federal Sentencing Reform is on the Horizon: the SAFE Justice Act](https://ambroselaw247.com/federal-sentencing-reform-safe-justice-act/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] “We cannot allow our criminal justice system to remain on its current trajectory. . .[i]t’s not only fiscally unsustainable, but morally irresponsible.”[1] Recently, President Obama became the first United States President to visit a prison while Commander in Chief. One of his remaining domestic policy goals is sentencing reform.
- [Whiskey Plates: Minnesota’s Scarlet Letter for DWIs – License Plate Impoundment](https://ambroselaw247.com/whiskey-plates-mn-dwi-license-plate-impoundment/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] “The days of the far-off future would toil onward, still with the same burden for her to take up, and bear along with her, but never to fling down; for the accumulating days and added years would pile up their misery upon the heap of shame.”[1] Hester Prynne’s heap
- [How Long Can the Police Detain Me Without Probable Cause? State v. Hager](https://ambroselaw247.com/how-long-can-the-police-detain-me/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] This one time, at band camp, the cops came and arrested everyone for underage drinking and drugs. Before the arrests, we were detained for at least an hour, even though only 52% of the people were drinking the sketchy pineapple vodka and 4.7% were ingesting pot cubes in unforeseen
- [Should You Do Field Sobriety Tests?](https://ambroselaw247.com/should-you-do-field-sobriety-tests/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Short answer: no. Why? You may provide incriminating evidence you do not need to give. Such as this. Won’t I come off as a jerk by not doing what the cops tell me to? No. You can still be cooperative without being incriminating. Just politely decline to do the
- [Three Hurdles to Federal Sentencing Reform of Mandatory Minimum Drug Sentences](https://ambroselaw247.com/three-hurdles-to-federal-sentencing-reform-of-mandatory-minimum-drug-sentences/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] As prison overcrowding and costs continue to reach new stratospheres, the push for significant federal sentencing reform on drug offenses is at its peak. The House already introduced the SAFE Justice Act[1] and the Senate should emerge with its bill any day now.[2] The movement is powerfully backed by
- [Watch Your Mouth, Boy! Assault by Fear, Terroristic Threats, and Other Speaking Crimes](https://ambroselaw247.com/assault-by-fear-terroristic-threats-disorderly-conduct/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Free speech protections under the First Amendment are vast. But you cannot say anything you want to without running the risk of legal trouble. Heated arguments, yelling profanities at someone, and even joking around can amount to crimes in Minnesota. For example, you discover evidence of infidelity on your
- [DWI Refusal Law Declared Unconstitutional by Minnesota Court of Appeals: State v. Trahan: Part I – The Decision](https://ambroselaw247.com/dwi-refusal-law-declared-unconstitutional-by-minnesota-court-of-appeals-state-v-trahan/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] In the upset of the week, and potentially year, the Minnesota Court of Appeals recently declared Minnesota’s DWI Test-Refusal Statute unconstitutional. Commonly, Minnesota appellate courts are incredibly conservative in DWI cases, especially in recent constitutional challenges,[1] which makes the decision in State v. Trahan surprising. In a 2-1 decision,
- [Minnesota Court of Appeals Declares DWI Refusal Law Unconstitutional: State v. Trahan: Part II – The Impact](https://ambroselaw247.com/minnesota-court-of-appeals-declares-dwi-refusal-law-unconstitutional-state-v-trahan/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] “[I]t was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we
- [Why Did the Cops Take My Car? Understanding DWI Vehicle Forfeiture](https://ambroselaw247.com/why-did-the-cops-take-my-car-understanding-dwi-vehicle-forfeiture/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Losing a vehicle after receiving a DWI is a very real, yet lesser known consequence. In 2000, Minnesota enacted a vehicle forfeiture statute to bolster “efforts to keep impaired drivers off the road, particularly those drivers who have shown a repeated willingness to drive while impaired.”[1] This statute allows
- [I Am Innocent, May I Please Have My Car Back? The Innocent Owner Defense in Minnesota Vehicle Forfeiture Cases](https://ambroselaw247.com/innocent-owner-defense-in-minnesota-vehicle-forfeiture-cases/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] We recently blogged about Minnesota’s ability to forfeit a vehicle after certain offenses here. We discussed the procedure an owner must follow in attempting to recover a seized vehicle.[1] Part of a successful attempt may include proving an affirmative defense, such as the innocent owner defense. This is a
- [Advising Defendants of Deportation Consequences in Criminal Cases: Minnesota Supreme Court Grants Review of Herrera Sanchez v. State](https://ambroselaw247.com/advising-defendants-of-deportation-consequences-in-criminal-cases-minnesota/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] “Will I be deported for this?” Hands down, this is the most common question asked by someone who is not a United States citizen after they are slapped with criminal charges. As a criminal defense lawyer, having a definitive answer for that vital question is not always required. Only
- [Pennies, Toilet Paper, and Other Epic Failures to Fool a Breath Test](https://ambroselaw247.com/pennies-toilet-paper-fool-a-breath-test/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] “I heard if you suck on a penny it will neutralize the alcohol you drank and you can beat a breath test. Maybe it was a quarter. Or, a dime. I can’t remember. If you are about to get busted for DWI, just grab whatever change you can find
- [Federal Sentencing Reform Update: House Judiciary Committee Approves Sentencing Reform Act of 2015 (H.R. 3713)](https://ambroselaw247.com/federal-sentencing-reform-act-2015-hr-3713/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Federal sentencing reform continues to gain momentum in Congress. Today, the House Judiciary Committee unanimously voted to send the Sentencing Reform Act (H.R. 3713) to the House Floor. Similar to other bills, the Sentencing Reform Act aims to reduce the federal prison population, especially for those offenders serving harsh
- [Minnesota Supreme Court To Review Constitutionality of DWI Refusal Law: State v. Trahan](https://ambroselaw247.com/minnesota-supreme-court-to-review-state-v-trahan/) - [column width="1/4" title="" title_type="single" animation="none" implicit="true"] Not surprisingly, the Minnesota Supreme Court granted review of State v. Trahan last week. Even though the supreme court chooses to decide only an incredibly small fraction of cases, it was practically a lock they would decide to review Trahan. The supreme court likely granted review for three main reasons:
- [Onus on the Driver: Your Right to an Independent Chemical Test in a Minnesota DWI Case](https://ambroselaw247.com/your-right-to-an-independent-chemical-test-in-a-minnesota-dwi-case/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Do you trust the accuracy of a cop’s breath test machine? Do you have faith the state’s crime lab will properly handle and analyze your blood or urine sample? In the age of second guessing police procedures around the clock, Minnesota already provides the right to second guess your
- [US Supreme Court Grants Review of Bernard v. Minnesota – Addressing the Constitutionality of Minnesota’s DWI Refusal Law](https://ambroselaw247.com/us-supreme-court-grants-review-of-bernard-v-minnesota/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Major DWI news broke yesterday: the United States Supreme Court granted review of Bernard v. Minnesota. Out of the roughly ten thousand petitions SCOTUS receives each year, it only grants review of about eighty. This week, the Court was considering thirteen DWI cases. Making the final cut was Bernard;
- [Bernard v. Minnesota: Why Did SCOTUS Grant Review?](https://ambroselaw247.com/bernard-v-minnesota-why-did-scotus-grant-review/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Last week, we blogged here about the Supreme Court of the United States (SCOTUS) granting review of Bernard v. Minnesota. Two main questions are emerging from SCOTUS’s order last week: (1) the Court reviews about 10,000 petitions each year, why did It grant review of Bernard – a state
- [Breath Test Machines for Marijuana (THC) Under Development](https://ambroselaw247.com/breath-test-machines-for-marijuana-thc-under-development/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] The race is on. Who can develop the most reliable and accurate breath test machine for marijuana (THC)? And, who can do it the fastest? Some companies tote they already did it. Dräger claims to already have such a machine. Its machine, can test up to seven different drugs,
- [MN Court of Appeals Finds DWI Refusal Law Unconstitutional Again: State v. Thompson](https://ambroselaw247.com/mn-court-of-appeals-finds-dwi-refusal-law-unconstitutional-state-v-thompson/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Minnesota’s DWI Refusal law took another hit on Monday. The court of appeals determined it is unconstitutional to charge someone with refusing to submit to a urine test in a DWI case in State v. Thompson. The decision came on the heels of the court of appeals’ opinion in
- [Bernard v. Minnesota: What Happens to DWI Cases While We Wait for a Decision from SCOTUS?](https://ambroselaw247.com/bernard-v-minnesota-what-happens-to-dwi-cases-while-we-wait-for-a-decision-from-scotus/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] What happens to DWI cases in Minnesota while we await SCOTUS’s decision in Bernard?[1] Will judges be willing to stay all DWI cases until SCOTUS issues an opinion? Or, stay just DWI Refusal cases since that is what Bernard entails? Will judges force defense counsel to litigate the issue
- [Should You Refuse a DWI Evidentiary Test for Alcohol Concentration?](https://ambroselaw247.com/should-you-refuse-a-dwi-evidentiary-test-for-alcohol-concentration/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Short answer, which will lead to a somewhat brief explanation: maybe. The current state of Minnesota’s DWI Refusal law certainly makes the title of this blog an interesting question. Refusing a blood or urine test is a great idea, if the Minnesota Supreme Court upholds Trahan and Thompson. Refusing a
- [Warrant Not Required to Analyze a Legally Obtained Blood Sample: State v. Fawcett](https://ambroselaw247.com/warrant-not-required-to-analyze-a-legally-obtained-blood-sample/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Warrant Not Required to Analyze a Legally Obtained Blood Sample Yesterday, the Minnesota Court of Appeals drew a line in the sand for determining when law enforcement needs to obtain a warrant in impaired-driving investigations. In State v. Fawcett, the court held “if the state lawfully obtains a blood
- [Transitory-Anger Defense to Terroristic Threats and Assault Charges in Minnesota](https://ambroselaw247.com/transitory-anger-defense-to-terroristic-threats-and-assault-charges-in-minnesota/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Harry: Lloyd, I can’t feel my fingers, they’re – they’re numb! Lloyd: Oh, well, here. Take this extra pair of gloves, my hands are starting to get a little sweaty. Harry: Extra gloves? You’ve had extra gloves this whole time? Lloyd: Uh, yeah, we’re in the Rockies! Harry: I’m
- [Domestic Assault is a Deportable Offense: Guevara v. State](https://ambroselaw247.com/domestic-assault-is-a-deportable-offense-mn/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Using a “canned” speech while reviewing a plea petition with a client who is not a U.S. citizen teeters on the brink of ineffective assistance of counsel. Recently, the Minnesota Court of Appeals determined a defendant received ineffective assistance of counsel when his lawyer advised him he would not
- [Federal & Juvenile Sentencing Reform Update: Progressing Towards A System that Works](https://ambroselaw247.com/federal-juvenile-sentencing-reform-update-progressing-towards-a-system-that-works/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] In the United States, more than 2.2 million people are currently serving prison sentences. That is a staggering number of individuals who not only are unable to contribute to society, but for whom society must provide. It is widely accepted that some individuals deserve punishment and that others must
- [NTSB Renews Push to Lower DWI BAC Limit to .05](https://ambroselaw247.com/ntsb-renews-push-to-lower-dwi-bac-limit-to-05/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Recently, the National Transportation Safety Board (NTSB) renewed its push to lower the blood alcohol concentration (BAC) limit in drunk driving cases to .05. Currently, the legal limit is .08 in all fifty states, but many countries across the globe use .05. Critics believe the push to .05 is
- [What is the Ambrose Law Firm?](https://ambroselaw247.com/what-is-the-ambrose-law-firm/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [text_divider type="double"] REQUEST A FREE CONSULTATION [/text_divider] [column_1 width="1/1" last="true" title="" title_type="single" animation="none" implicit="true"] [contact-form-7 id="9392" title="FREE REQUEST FORM"] [/contact-form-7] [/column_1]
- [Your Right to Talk to an Attorney During a DWI Arrest in Minnesota](https://ambroselaw247.com/your-right-to-talk-to-an-attorney-during-a-dwi-arrest-in-minnesota/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] In “all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel.”[1] Any traffic stop can be unnerving for most people. When pulled over on the side of the road, you may sense your pulse increasing. What is going to happen? If
- [Minnesota’s Turn at Sentencing Reform: Prisons should not be the Default](https://ambroselaw247.com/minnesota-sentencing-reform-prisons-should-not-be-the-default/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Recently, the Minnesota legislature[1] proposed reforms that could affect a large number of individuals facing prosecution for crimes with outdated sentences in state court.[2] Minnesota sentencing reform proposals like these are a positive sign that indiscriminately incarcerating individuals is being seen less and less as a viable option. The Minnesota
- [Automobile Exception to Warrant Requirement Used by Minnesota Supreme Court in State v. Lester](https://ambroselaw247.com/automobile-exception-to-warrant-requirement-used-by-minnesota-supreme-court-in-state-v-lester/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Cops do not always need a warrant to search you, your vehicle, or your home. Searches conducted without a warrant are unreasonable, unless one of the many exceptions to the warrant requirement exist. Some of these exceptions include: consent, exigent circumstances, search incident to arrest, the plain view doctrine,
- [Should I Challenge My DWI Case?](https://ambroselaw247.com/should-i-challenge-my-dwi-case/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [text_divider type="double"] REQUEST A FREE CONSULTATION [/text_divider] [column_1 width="1/1" last="true" title="" title_type="single" animation="none" implicit="true"] [contact-form-7 id="9392" title="FREE REQUEST FORM"] [/contact-form-7] [/column_1] [blank h="30"] [/blank]
- [Human Trafficking: Protecting, Not Prosecuting Victims](https://ambroselaw247.com/human-trafficking-protecting-not-prosecuting-victims/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Human trafficking is a pandemic causing inhumane conditions across the globe.[1] The words “human trafficking” conjure up images of a foreign land where young women are bought and sold as sex slaves. The reality hits far closer to home. The Twin Cities is one of the top human trafficking
- [Push Leads to First Degree Assault: State v. Dorn](https://ambroselaw247.com/first-degree-assault-state-v-dorn/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] “No horseplay around the campfire!” Your momma told you. “Someone will get hurt!” In a series of unfortunate events at a Minnesota bonfire, someone did get hurt after falling into the fire, which triggered a first-degree assault[1] conviction in State v. Dorn. Dorn was partaking in a popular Minnesota
- [Can You Be Charged with Drug Sales without Selling Drugs?](https://ambroselaw247.com/can-you-be-charged-with-drug-sales-without-selling-drugs/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [text_divider type="double"] REQUEST A FREE CONSULTATION [/text_divider] [column_1 width="1/1" last="true" title="" title_type="single" animation="none" implicit="true"] [contact-form-7 id="9392" title="FREE REQUEST FORM"] [/contact-form-7] [/column_1] [blank h="30"] [/blank]
- [MN DWI Update: SCOTUS Schedules Oral Arguments for Bernard; and MN Supreme Court Grants Review of Thompson](https://ambroselaw247.com/mn-dwi-update-scotus-schedules-oral-arguments-bernard-mn-supreme-court-grants-review-thompson/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Undoubtedly, the hottest topic of discussion in DWI law across Minnesota and much of the nation is Bernard v. Minnesota.[1] Consolidated with Birchfield v. North Dakota and Beyund v. Levi, the United States Supreme Court just set Bernard’s oral argument for April 20, 2016. SCOTUS squeezed Bernard in as
- [Big-Brother Warrant Exception: Utility-Pole Camera Surveillance Does Not Violate Fourth Amendment](https://ambroselaw247.com/utility-pole-camera-surveillance-not-violate-fourth-amendment/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Winston Smith: Does Big Brother exist? O’Brien: Of course he exists. Winston Smith: Does he exist like you or me? O’Brien: You do not exist.[1] In today’s world, where can you go where there is not a camera? Whether seen, or unseen, you have a pretty good idea you
- [Felony Offenses Receiving a Stay of Imposition Not Expungement Eligible: State v. S.A.M.](https://ambroselaw247.com/felony-offenses-receiving-stay-imposition-not-expungement-eligible/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] This week, the Minnesota Court of Appeals limited the scope of offenses eligible for expungement in State v. S.A.M. Once Minnesota’s new expungement law took effect last year, a wide array of offenses suddenly became eligible for expungement.[1] Virtually every petty misdemeanor, misdemeanor, and gross misdemeanor conviction became eligible
- [Bills Introduced Expanding Ignition Interlock in DWI Cases](https://ambroselaw247.com/bills-introduced-expanding-ignition-interlock-dwi-cases/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Recently, the House introduced two bills that would drastically increase the use of ignition interlock[1] devices across Minnesota. HF 1112 aims to require ignition interlock for all DWI offenses; and, HF 2690 would do so for all repeat DWI offenders. The latter seems more realistic, while the former is
- [Can You Get a DWI by Sleeping in Your Car?](https://ambroselaw247.com/can-you-get-dwi-sleeping-car/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [text_divider type="double"] REQUEST A FREE CONSULTATION [/text_divider] [column_1 width="1/1" last="true" title="" title_type="single" animation="none" implicit="true"] [contact-form-7 id="9392" title="FREE REQUEST FORM"] [/contact-form-7] [/column_1] [blank h="30"] [/blank]
- [Potential Offenses for Texting and Driving](https://ambroselaw247.com/potential-offenses-texting-driving/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [text_divider type="double"] REQUEST A FREE CONSULTATION [/text_divider] [column_1 width="1/1" last="true" title="" title_type="single" animation="none" implicit="true"] [contact-form-7 id="9392" title="FREE REQUEST FORM"] [/contact-form-7] [/column_1] [blank h="30"] [/blank]
- [Previewing Bernard v. Minnesota: U.S. Supreme Court to Hear Oral Arguments Tomorrow](https://ambroselaw247.com/previewing-bernard-v-minnesota-u-s-supreme-court/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Cop: “Will you take a breath test?” Driver: “Get a warrant.” Cop: “I don’t need one.” Driver: “My attorney just said you do.” Cop: “Your attorney is wrong.” Tomorrow, the United
- [Recapping U.S. Supreme Court Oral Arguments: Bernard v. Minnesota](https://ambroselaw247.com/recapping-u-s-supreme-court-oral-arguments-bernard-v-minnesota/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] “What is wrong with a Breathalyzer test when it can save lots of lives…?”[1] “[A Breathalyzer] is about as uninvasive as a search can possibly be…”[2] “Suppose you could set up a system where somebody could be reached within 10 or 15 minutes, and they would, in almost all
- [When Do You Need Whiskey Plates?](https://ambroselaw247.com/need-whiskey-plates/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [text_divider type="double"] REQUEST A FREE CONSULTATION [/text_divider] [column_1 width="1/1" last="true" title="" title_type="single" animation="none" implicit="true"] [contact-form-7 id="9392" title="FREE REQUEST FORM"] [/contact-form-7] [/column_1] [blank h="30"] [/blank]
- [District Court Grants Prosecution’s Opposition of Expungement of Acquittal, Gets Reversed on Appeal: State v. D.R.F.](https://ambroselaw247.com/expungement-acquittal-state-v-drf/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] “Expunging an acquittal? I was found not guilty. Why do I need an expungement to clear my record?” Even if a jury finds you not guilty, the fact that the state charged you with a crime with still show on a criminal background check. Even more disturbing is if
- [Inventory Search Exception to Warrant Requirement Found Unlawful in State v. Cochran](https://ambroselaw247.com/inventory-search-exception-warrant-requirement-found-unlawful/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Warrants, warrants, warrants. Who needs them? There are so many delightful exceptions to the Fourth Amendment’s warrant requirement that cops can often find a way around the cumbersome process of securing a warrant. All they have to do is pick from a smorgasbord of exceptions, such as: consent, search
- [Juvenile Lawyer Minnesota](https://ambroselaw247.com/juvenile-lawyer-minnesota/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [text_divider type="double"] REQUEST A FREE CONSULTATION [/text_divider] [column_1 width="1/1" last="true" title="" title_type="single" animation="none" implicit="true"] [contact-form-7 id="9392" title="FREE REQUEST FORM"] [/contact-form-7] [/column_1] [blank h="30"] [/blank]
- [Minnesota Supreme Court Rules on a DWI Stop Issue – Finds Reasonable Suspicion](https://ambroselaw247.com/minnesota-supreme-court-rules-dwi-stop-issue/) - d [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Why did the Minnesota Supreme Court publish an opinion on a stop issue in a routine DWI case last week in State v. Morse? Stop issues are often challenged at the district court level; and sometimes taken to the court of appeals. But the Minnesota Supreme Court? Unlike
- [Should I Get a Lawyer for my Probation Violation?](https://ambroselaw247.com/get-lawyer-probation-violation/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [text_divider type="double"] REQUEST A FREE CONSULTATION [/text_divider] [column_1 width="1/1" last="true" title="" title_type="single" animation="none" implicit="true"] [contact-form-7 id="9392" title="FREE REQUEST FORM"] [/contact-form-7] [/column_1] [blank h="30"] [/blank]
- [Drug Crimes: Actual v. Constructive Possession](https://ambroselaw247.com/drug-crimes-actual-v-constructive-possession/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="1/1" last="true"] [text_divider type="double"] REQUEST A FREE CONSULTATION [/text_divider] [column_1 width="1/1" last="true" title="" title_type="single" animation="none" implicit="true"] [contact-form-7 id="9392" title="FREE REQUEST FORM"] [/contact-form-7] [/column_1] [blank h="30"] [/blank]
- [Investigator Recklessly Omitted Information in Search Warrant Affidavit for Controlled Substances: United States v. Lull](https://ambroselaw247.com/investigator-recklessly-omitted-information-search-warrant-affidavit-controlled-substances/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Every day law enforcement officers across the country are seeking search warrants. To do so, they often prepare a search warrant affidavit, or application, and provide it to a judicial officer for approval. The affidavit must establish probable cause that evidence of criminal activity will be found in the
- [Leaving a Known Drug House – as a Single Factor – is Not a Legal Basis to Expand Search: State v. Schmidt](https://ambroselaw247.com/legal-basis-expand-search/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] In State v. Schmidt, a police officer was patrolling the area of a known drug house. The officer noticed Schmidt’s vehicle parked at the house and knew Schmidt did not have a valid driver’s license. The officer waited for Schmidt to leave the house and initiated a traffic stop.
- [Coming Soon: Bernard v. Minnesota Decision from SCOTUS](https://ambroselaw247.com/coming-soon-bernard-v-minnesota-decision-scotus/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Only thirteen cases remain without a decision in the 2015 term for the Supreme Court of the United States (SCOTUS). To date, the Court reached decisions in sixty-eight cases. Over the next eight days, the Court will convene three times: two non-argument sessions and one conference. Many scholars believe
- [Decision Recap: Bernard v. Minnesota – SCOTUS Affirms Minnesota Supreme Court](https://ambroselaw247.com/decision-recap-scotus-bernard-v-minnesota/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] The wait is over. Last Thursday, the United States Supreme Court finally decided Bernard v. Minnesota.[1] Justice Alito’s thirty-eight-page opinion for the majority can be summed up with the following: breath testing is less invasive than blood testing; therefore the states can criminalize refusing to submit to a breath
- [Bernard v. Minnesota: The Impact of the U.S. Supreme Court’s Decision on DWI Cases](https://ambroselaw247.com/bernard-v-minnesota-impact-u-s-supreme-courts-decision-dwi-cases/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] As the dust settles on the United States Supreme Court’s (SCOTUS) decision in Bernard v. Minnesota, what happens to DWI cases in Minnesota? The answer mainly depends on what type of test the driver took or refused to take. Breath Tests SCOTUS gave Its stamp of approval on Minnesota’s
- [DWI Update Post-Bernard v. Minnesota](https://ambroselaw247.com/dwi-update-post-bernard-v-minnesota/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] In the wake of the United States Supreme Court’s decision in Bernard v. Minnesota,[1] speculation ensued about how courts would apply the high court’s analysis. So far, two significant cases indicate the direction judicial officers are pointing us. Those cases are Hexom v. Minnesota and State v. Otto. In
- [Drug Sentencing Reform in Minnesota: Compassionate Legislation](https://ambroselaw247.com/drug-sentencing-reform-minnesota-compassionate-legislation/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Drugs are a major problem in our society leaving many individuals trapped in a vicious cycle that controls their lives. The desperation caused by drugs can lead individuals to make very serious decisions with very serious consequences. Often, those consequences become part of a circle leading to deeper desperation
- [Warrantless Audio Recordings on Courthouse Steps Not Protected by Fourth Amendment](https://ambroselaw247.com/warrantless-audio-recordings-courthouse-steps-not-protected-fourth-amendment/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Ever wonder if someone is listening to your conversation when you are in a courthouse? Or, even standing outside the building on the courthouse steps? The answer may very well be yes – the government may be listening and they may be doing so without a warrant. Conversations around
- [Arguing About Attenuation: SCOTUS’ Most Important Fourth Amendment Case from 2016: Utah v. Strieff](https://ambroselaw247.com/utah-v-strieff/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] We recently blogged ad nauseam about the U.S. Supreme Court’s decision in Bernard v. Minnesota and its impact on DWI laws, especially in Minnesota. But the most important Fourth Amendment decision from the Court’s 2016 term is Utah v. Strieff. As a result, a police officer may illegally stop
- [Continuing to Beat Down Fourth Amendment Protections: Supreme Court Concludes Probable Cause to Search for Alcohol in a Driver’s Blood Provides Probable Cause to Search for Drugs](https://ambroselaw247.com/probable-cause-to-search-for-alcohol-is-probable-cause-to-search-for-drugs/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] This week, the Minnesota Supreme Court continued Its barrage against Fourth Amendment protections. In State v. Fawcett, Justice Gildea wrote for the majority (4-3) in a holding that allows police officers to search for evidence of controlled substances in a person’s blood after it was analyzed for evidence of
- [Should I Challenge My Driver’s License Revocation from My DWI Arrest?](https://ambroselaw247.com/should-i-challenge-my-drivers-license-revocation-from-my-dwi-arrest/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] First of all, what happens to my driver’s license if I get a DWI? Short answer: it gets revoked – you lose it.[1] Lawyer’s answer: it depends. It depends on whether it is a first-time offense; whether your alcohol concentration was between .08 and .15 or .16 or more;
- [MN Supreme Court Says Warrantless Urine Tests Are Unconstitutional: State v. Thompson](https://ambroselaw247.com/mn-supreme-court-says-warrantless-urine-tests-unconstitutional-state-v-thompson/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] The Minnesota Supreme Court ruled Wednesday that it is unconstitutional to charge someone with refusing to submit to a urine test in a DWI case in State v. Thompson. The decision came the same day as the court’s decision in State v. Trahan[1] which ruled that it is also
- [DWI Update: How Did We Get Here and What’s Next? Proposing Changes to Minnesota DWI Laws](https://ambroselaw247.com/proposing-changes-to-minnesota-dwi-laws/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Minnesota drivers used to face serious criminal penalties for refusing a blood or urine test after being read the Minnesota Implied Consent Advisory in DWI cases. As previously discussed,[1] this is no longer the case according to both the United States Supreme Court and the Minnesota Supreme Court. So,
- [BB Gun is Not a Firearm: Challenging Statutory Interpretation: State v. Haywood](https://ambroselaw247.com/bb-gun-is-not-a-firearm-state-v-haywood/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] When a person hears that someone is charged with a crime, the first thing they probably think to themselves is “well, did they do it? Are they guilty?” Do they ever think “is this even a crime?” Despite the fact there may be no due process right more fundamental
- [SCOTUS Preview: Packingham v. North Carolina](https://ambroselaw247.com/scotus-preview-packingham-v-north-carolina/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Sex offender registration laws, limiting what sex offenders can and cannot do, are intended to protect the public. In today’s technological age, however, these restrictions can make it extremely difficult for sex offenders who completed their sentence to function in everyday society. We know what you’re thinking: “is inconveniencing
- [Decision Recap: Johnson v. Commissioner of Public Safety – No Driver’s License Revocation if Police Tell You Refusing a Urine Test is A Crime](https://ambroselaw247.com/decision-recap-johnson-v-commissioner-of-public-safety-no-drivers-license-revocation-if-police-tell-you-refusing-a-urine-test-is-a-crime/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] On Monday, the Minnesota Court of Appeals decided Tyler Lee Johnson v. Commissioner of Public Safety. The opinion touches upon a number of different issues surrounding implied consent law, but it can be summed up succinctly with the following: if the police say you can lose your license for
- [Passing a Bad Check to Pay Back Your Taxes is Not a Crime: State v. Schouweiler](https://ambroselaw247.com/passing-a-bad-check-to-pay-back-your-taxes-is-not-a-crime-state-v-schouweiler/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] We previously discussed the importance of one of the “most powerful tools” in the criminal defense lawyer’s tool belt: the statutory language of the charge itself. On Wednesday, the Minnesota Supreme Court continued their recent pattern of deciding the merits of an appeal with a dictionary close in hand
- [Sometimes, Your Driveway Is Also Your Castle: State v. Chute](https://ambroselaw247.com/sometimes-your-driveway-is-also-your-castle-state-v-chute/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] In using the Fourth Amendment to the advantage of their clients, lawyers must distinguish between: (1) a “house,” which is provided full Fourth Amendment protection; and (2) the “curtilage.” A warrantless search of the former will send up red flags to any criminal defense attorney, but the latter, despite
- [State v. Lugo: Expansion of Traffic Stops and Drug-Detection Dog Sniffs: Part I](https://ambroselaw247.com/state-v-lugo-expansion-of-traffic-stops-and-drug-detection-dog-sniffs-part-i/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Recently, the Minnesota Supreme Court affirmed the court of appeals in a drug case addressing two important issues: (1) the proper standard of review for a district court’s conclusions of law in appeals by the State; and (2) whether a dog-sniff of a car was supported by reasonable articulable
- [State v. Lugo: Part II - A Lesson on Appellate Standards of Review](https://ambroselaw247.com/state-v-lugo-part-ii-lesson-standards-review-appeal/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Last week, we discussed State v. Lugo,[1] a case addressing two distinct issues: (1) the proper standard of review for a trial court’s conclusion of law in an appeal by the State; and (2) whether a dog-sniff was supported by reasonable articulable suspicion. Today, we will discuss the opinion's lesson
- [Can Inhaling Duster Get You A DWI? Previewing State v. Carson](https://ambroselaw247.com/can-inhaling-duster-get-you-a-dwi-previewing-state-v-carson/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] We all know driving under the influence is a crime. But what exactly does the law say on the subject? Minnesota law prohibits people from driving when under the influence of three things. Two are well known: alcohol and controlled substances. However, what might be less known, is that
- [Voir Dire: Determining Bias in Jury Selection: Ries v. State](https://ambroselaw247.com/voir-dire-determining-bias-in-jury-selection-ries-v-state/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] In the American legal system, a jury trial is the summit of the district court mountain. Criminal cases advance towards the peak of trial, unless settled along the trek. For those that reach the top, a trial awaits. After a plethora of motions, stipulations, and procedural maneuvers, the first
- [Reviewing President Obama’s Harvard Law Review Article on Criminal Justice Reform](https://ambroselaw247.com/reviewing-president-obamas-harvard-law-review-article-on-criminal-justice-reform/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] “Injustice anywhere is a threat to justice everywhere.”[1] Few presidents, if any, match the effort President Obama made towards criminal justice reform. As a priority in his administration, Obama was the first sitting president to visit a federal prison. He commuted “more federal sentences than [his] eleven predecessors combined.”[2]
- [Should I Get a Public Defender?](https://ambroselaw247.com/should-i-get-a-public-defender/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Many people ask the question, or at least think of it: should I get a public defender for my case? The best thing to do before getting too engulfed in the thought is figure out if you are deemed financially eligible for a public defender. Every county court in
- [Law & Deportation: Convictions, Charges, and Chargeable Acts Trigger Removal Under New Executive Order](https://ambroselaw247.com/law-deportation-convictions-charges-and-chargeable-acts-trigger-removal-under-new-executive-order/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] The new administration’s assault on immigration goes well beyond the travel ban. On January 25, 2017, executive order 13768 entered our lives. Titled: Enhancing Public Safety in the Interior of the United States, the order prioritizes removal of aliens: who are convicted of any criminal offense; who are charged
- [In a Battle of Statutory Interpretation, the MN Supreme Court Limits Expungement Possibilities for Felonies: State v. S.A.M.](https://ambroselaw247.com/in-a-battle-of-statutory-interpretation-the-mn-supreme-court-limits-expungement-possibilities-for-felonies-state-v-s-a-m/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] It depends on what the meaning of the word “was” was. In a 4-3 decision, the Minnesota Supreme Court engaged in a battle of statutory interpretation to limit the scope of offenses eligible for expungement in State v. S.A.M. Even though the legislature’s most recent expungement law’s intent was
- [The Cops Never Read Me My Miranda Rights](https://ambroselaw247.com/the-cops-never-read-me-my-miranda-rights/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] One of the most frequent questions we get from clients is “the cops never read me my Miranda rights.[1] Does that matter?” If you were in custody and were interrogated, then yes, it does matter. The crux of the analysis lies in applying the definitions of in custody and
- [Federal Sentencing Reform Shredded Under New Administration](https://ambroselaw247.com/federal-sentencing-reform-shredded-under-new-administration/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Meaningful federal sentencing reform was recently a widely bipartisan-backed issue.[1] Sensible reform was gaining steam and a path forged to reduce the burgeoning prison population of low-level drug offenders. But with the Attorney General’s recent memo to all federal prosecutors, the hope for such reform in the near future
- [MN DWI Update: New Laws Take Effect this Week](https://ambroselaw247.com/mn-dwi-update-new-laws-take-effect-this-week/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] The Minnesota legislature was active this session passing a wide variety of new DWI laws. They go into effect statewide this Saturday, July 1st, 2017. Some changes are in response to the new landscape under Birchfield[1] and some are laws that failed to pass last year. As expected, Minnesota
- [Boating While Intoxicated Minnesota Law Update](https://ambroselaw247.com/boating-while-intoxicated-bwi-in-minnesota/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] In the land of 10,000 lakes, it is a staple of most summers to spend some time out on the water. Whether by boat, jet ski, or other watercraft, many Minnesotans will venture out into one of our majestic lakes or rivers during the boating months of May to
- [State v. Hensel: MN Supreme Court Strikes Down the Part of Disorderly Conduct Related to Protesting](https://ambroselaw247.com/state-v-hensel-mn-supreme-court-strikes-down-the-part-of-disorderly-conduct-related-to-protesting/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Recently, the supreme court determined part of Minnesota’s disorderly conduct statute is unconstitutional.[1] Prior to this decision, you could commit disorderly conduct in several ways: three separate clauses in one subdivision give many avenues that can lead to you breaking the law. Some of these you would never consider
- [Do You Have the Right to Leave?](https://ambroselaw247.com/do-you-have-the-right-to-leave/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] If a police officer approaches you, whether you are in a vehicle or on foot, do you have the right to leave? This answer primarily hinges on whether a seizure is occurring. If one is, then you are likely not free to leave and vice versa.[1] The bedrock of
- [Do Field Sobriety Tests and PBTs Require a Warrant?](https://ambroselaw247.com/do-field-sobriety-tests-and-pbts-require-a-warrant/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Some people will do whatever a police officer asks them to do. Many of us are trained to obey authority and will cooperate by any means possible. How dare we be labeled as disobedient. Others, are a little more skeptical as distrust of authority and law enforcement can run
- [Curtilage v. Automobile Exception: Collins v. Virginia](https://ambroselaw247.com/curtilage-v-automobile-exception-collins-v-virginia/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Recently, the United States Supreme Court heard oral arguments in Collins v. Virginia. The Court pinned two popular Fourth Amendment terms against each other: curtilage v. the automobile exception. In this case, the issue is whether a motorcycle parked on a driveway next to a house under a tarp
- [Rental Cars and the Fourth Amendment: Byrd v. United States](https://ambroselaw247.com/rental-cars-and-the-fourth-amendment-byrd-v-united-states/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Rental Cars and the Fourth Amendment: Byrd v. United States Consider this: You are driving down the road in a rental car that your significant other rented but allowed you to drive. You pack your suitcase, place it in the trunk, and head down the road. A short time
- [Challenging Marijuana's Classification as a Schedule I Controlled Substance](https://ambroselaw247.com/challenging-marijuanas-classification-as-a-schedule-i-controlled-substance/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Challenging Marijuana’s Classification as a Schedule I Controlled Substance What do George Washington, Thomas Jefferson, John Adams, James Madison, James Monroe, Abraham Lincoln, John F. Kennedy, Jimmy Carter, Bill Clinton, and Barack Obama, all have in common?[1] (Hint—it’s not the U.S. presidency.) The answer: all have grown, encouraged others
- [Minnesota Supreme Court Expands 4th Amendment Curtilage Protection](https://ambroselaw247.com/minnesota-supreme-court-expands-4th-amendment-curtilage-protection/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Do some areas outside your home receive as much protection as your home under the Fourth Amendment? Recently, the Minnesota Supreme Court addressed that question in State v. Chute. The court analyzed whether an officer’s examination of a camper-tent outside someone’s home was a Fourth Amendment violation. This case
- [Ginsburg Hints at Examining Whren’s Probable Cause Standard](https://ambroselaw247.com/ginsburg-hints-at-examining-whrens-probable-cause-standard/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] How can the police cite you for something that you had no appearance of doing? The Supreme Court of the United States (SCOTUS) continues to evaluate the basis for questioning and arrests by police officers. One thing we know for certain, is that probable cause must be present to
- [Privacy Rights Prevail: Byrd v. United States](https://ambroselaw247.com/privacy-rights-prevail-byrd-v-united-states/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Recently, the Supreme Court of the United States extended privacy protections against unlawful searches in rental cars. Justice Kennedy authored the unanimous opinion in Byrd v. United States and held that a driver of a rental car – who has the renter’s permission to drive – has a reasonable expectation
- [Police Ignorance is Not Bliss: Mistake of Law](https://ambroselaw247.com/police-ignorance-is-not-bliss-mistake-of-law/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] “Ignorantia juris non excusat” means ignorance of the law is no excuse to escape liability. John or Jane Doe may not use this excuse to get out of a crime, but police officers can get away with it certain situations. Recently, the Minnesota Court of Appeals filed a decision
- [Curtilage Prevails over the Automobile Exception: Recapping Collins v. Virginia](https://ambroselaw247.com/curtilage-prevails-over-the-automobile-exception-recapping-collins-v-virginia/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] “[W}hen it comes to the Fourth Amendment, the home is first among equals.”[1] Justice Sotomayor authored an important opinion in the bout between the Automobile Exception and the Curtilage Doctrine in Collins v. Virginia.[2] The Court held the automobile exception did not permit an officer to enter the curtilage
- [Wrongful Convictions](https://ambroselaw247.com/wrongful-convictions/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] When someone is wrongfully convicted, the judicial system failed. The shockwave from a botched case is endless. The impact reaches everyone involved: prosecutor, defense lawyer, judge, corrections officials, victim, family and friends of the accused, friends and family of the victim, and the public at large. But, most importantly,
- [Cell-Phone Location Searches & the Fourth Amendment: Carpenter v. United States](https://ambroselaw247.com/cell-phone-location-searches-the-fourth-amendment-carpenter-v-united-states/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Track the phone, track the person. As cell phones have become a vital organ to many, the ability to locate a phone allows law enforcement to place a person in a specific area. It is impossible for the Fourth Amendment to keep up with the technology explosion in real
- [Scooting Past a DWI: Can You Get a DWI on an Electric Scooter?](https://ambroselaw247.com/scooting-past-a-dwi-can-you-get-a-dwi-on-an-electric-scooter/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Ever walk in downtown Saint Paul or Minneapolis and an electric scooter whips by your ear? Yeah, me neither. These fun new methods of transportation are emerging in the twin cities as quickly as flies at a BBQ. Companies are dropping off these devices across the nation like fliers
- [Curtilage Curtailed: A Look at State v. Edstrom](https://ambroselaw247.com/curtilage-curtailed-a-look-at-state-v-edstrom/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Do you live in a house or an apartment? Or, some other abode? Why do we care? Depending on whether you occupy space on Boardwalk or Baltic Avenue, it will determine how much protection you have under the Fourth Amendment, at least according to the Minnesota Supreme Court. Recently,
- [Man’s Best Friend: K-9 Searches and the Fourth Amendment](https://ambroselaw247.com/mans-best-friend-k-9-searches-and-the-fourth-amendment/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] For anyone who has dogs, or is familiar with the characteristics of them, you know that the sense of smell is impeccable. The canine sense of smell is so good, that police and other law enforcement agents have even used them in detecting criminal activity. More particularly, the presence
- [Right to Counsel in Blood & Urine Test DWIs: State v. Rosenbush](https://ambroselaw247.com/right-to-counsel-in-blood-urine-test-dwis-state-v-rosenbush/) - The constitutional right to have an attorney is firmly stamped in today’s modern legal system. Where the right to consult with an attorney begins and ends, however, is a more difficult area to address. This exact issue is being addressed on oral argument in front of the Minnesota Supreme Court on January 9, 2019. The
- [MN DWI Blood Test Protections Continue to Erode in State v. Wood](https://ambroselaw247.com/mn-dwi-blood-test-protections-continue-to-erode-in-state-v-wood/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Minnesota appellate courts continue to beat down constitutional rights for drivers in MN DWI blood test cases.[1] This time, the onslaught continued in State v. Wood. While Appellant Wood’s unfortunate result was significantly impacted by unlucky timing, he also was on the receiving end of the appellate bench favoring
- [Curtilage, Search Warrants, and Taxidermy: State v. Bishop](https://ambroselaw247.com/curtilage-search-warrants-and-taxidermy-state-v-bishop/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Recently, the Minnesota Court of Appeals dabbled with Pine Martens and Goshawks. While doing so, it reviewed the validity of a search warrant in State v. Bishop. In Bishop, officers investigated a burglary of taxidermic mounts in a farm home. As law enforcement responded to the home, an officer
- [MN’s DWI Vehicle Forfeiture Law Declared Unconstitutional as Applied to an Innocent Owner: Olson, et. al. v. One 1999 Lexus](https://ambroselaw247.com/mns-dwi-vehicle-forfeiture-law-declared-unconstitutional-as-applied-to-an-innocent-owner-olson-et-al-v-one-1999-lexus/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Yesterday, the Minnesota Supreme Court issued one of the most anticipated opinions regarding DWI laws this term. The high court determined whether MN’s DWI forfeiture law was unconstitutional on its face; was unconstitutional as applied to the innocent owner of the vehicle; and was unconstitutional as applied to the driver
- [The Third-Party Doctrine & the Fourth Amendment](https://ambroselaw247.com/the-third-party-doctrine-the-fourth-amendment/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] The Fourth Amendment of the United States Constitution provides protection against the government’s unreasonable searches and seizures for anyone on American soil. Even with this great constitutional protection, law enforcement can circumvent it to obtain information. One of these ways includes the third-party doctrine. This doctrine provides, in part,
- [Confrontation Clause & the Forfeiture-By-Wrongdoing Exception in Minnesota](https://ambroselaw247.com/confrontation-clause-minnesota/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] In our criminal justice system, a defendant has the constitutional right to confront their accusers at trial. If the accuser does not appear for trial, then the prosecution may not have as strong of a case, if any case at all. Knowing this, some defendants will attempt to tamper
- [Getting Around the Confrontation Clause with the Residual Exception, Rule 807](https://ambroselaw247.com/getting-around-the-confrontation-clause-with-the-residual-exception-rule-807/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] The Sixth Amendment guarantees a defendant’s right to confront their accusers. If a person exercises their constitutional right to trial, then the prosecution must present the defendant’s accusers and subject them to cross examination by the defense. The Confrontation Clause demands this. However, with every great constitutional protection, there are exceptions.
- [Game Changer: New MN DWI Vehicle Forfeiture Law Allows Drivers to Get Their Cars Back with Ignition Interlock](https://ambroselaw247.com/new-mn-dwi-vehicle-forfeiture-law/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Starting July 1, 2019, a new Minnesota DWI vehicle forfeiture law will add a whole new dimension to the forfeiture landscape. The new law will allow a driver to get their car back if they install ignition interlock on the vehicle. This can change the forfeiture game substantially. Before
- [MN DWI Update: Blood, Blood, and More Blood](https://ambroselaw247.com/mn-dwi-update-blood-blood-and-more-blood/) - [column width="1/3" title="" title_type="single" animation="none" implicit="true"] Widely believed as the most reliable chemical testing method for DWI cases, blood tests are splattering the headlines recently. In Minnesota, the company that provides blood test sample kits issued a recall notice for many kits distributed after November 1, 2018. On Wednesday, the Minnesota Supreme Court narrowly decided
- [Refusal is a Crime Warning Must Be Read in DWI Cases](https://ambroselaw247.com/refusal-is-a-crime-warning-must-be-read-in-dwi-cases/) - DWI cases trigger more than simply going through criminal court. Receiving a citation, or formal complaint, listing your DWI charges can be awfully disheartening to read. Worries about your criminal record, jail time, and what might happen can be overwhelming. Adding further stress to the situation is wondering what is going to happen to your
- [Minnesota’s Hands-Free Law: No Texting and Driving](https://ambroselaw247.com/minnesotas-hands-free-law-no-texting-and-driving/) - In August, Minnesota joined 19 other states and enacted a hands-free law making it illegal to handle your phone while driving. This new law goes beyond the basic no texting and driving rules that were already in place. In essence if you are driving a motor vehicle you cannot have your cellphone or any wireless
- [Can the Police Draw Your Blood While You are Unconscious for a DWI?](https://ambroselaw247.com/can-the-police-draw-your-blood-while-you-are-unconscious-for-a-dwi/) - [column width="5/6" last="true" title="" title_type="single" animation="none" implicit="true"] You wake up in the hospital, an IV in your arm, handcuffed to a gurney, and a concerned nurse looking over at you. All you remember is being out with friends, getting in your car, the red and blue lights, and a police officer saying you are under
- [Chalking Tires Ruled Unconstitutional](https://ambroselaw247.com/chalking-tires-ruled-unconstitutional/) - Parking enforcement is now a little trickier in some jurisdictions. In some places, parking enforcement officers place chalk on a car’s tires. The officer then comes back later to see if the chalk is still there. If it is, they believe there is evidence the car never moved and if it the vehicle has been
- [Ion Swabs and Ion Scanners](https://ambroselaw247.com/ion-swabs-and-ion-scanners/) - [column width="3/4" last="true" title="" title_type="single" animation="none" implicit="true"] Ion Swabs and Ion Scanners[1] are mainstream forensic science equipment used by law enforcement. You see them firsthand every day at airports when someone gets a random hand or luggage swab. Ion Scanners are cheap compared to other alternatives, can be handheld, and very little training is needed
- [MN Controlled Substance DWI Does Not Require Knowledge of Drugs in System](https://ambroselaw247.com/mn-controlled-substance-dwi-does-not-require-knowledge-of-drugs-in-system/) - More than 131 million adults are on prescription medication in the United States. That is 66%, or two-thirds, of adults walking around while some amount of prescription medication in their bodies. Back pain, arthritis, mental health, digestive issues, are only a fraction of the reasons why some people take medication. A health professional prescribes it
- [Asserting Person Defense: MN DWI Vehicle Forfeiture Law Likely Changing for Innocent Owners](https://ambroselaw247.com/asserting-person-defense-mn-dwi-vehicle-forfeiture-law-likely-changing-for-innocent-owners/) - The Minnesota Legislature is busy working to amend MN DWI vehicle forfeiture laws. Among the most prominent changes on the table will impact innocent owner claims and the ignition interlock exception. The bill passed the House State Government Finance Division and was referred to the Ways & Means Committee. It is gaining steam and there
- [No More Bonds: Ignition Interlock Exception May Change for MN DWI Vehicle Forfeitures](https://ambroselaw247.com/no-more-bonds-ignition-interlock-exception-may-change-for-mn-dwi-vehicle-forfeitures/) - The Minnesota Legislature is attempting MN DWI vehicle forfeiture laws. Last summer, a law went into effect allowing drivers to get their vehicles back, after they have been seized from a DWI-related offense, if they became program participants in Minnesota’s Ignition Interlock Program – routinely called the ignition interlock exception. This exception became a major
- [What is Unlawful Assembly?](https://ambroselaw247.com/what-is-unlawful-assembly/) - Peaceful protesting is not a crime. It is an impactful way, especially when done in mass numbers, to make your voice heard. Recent mass protests relating to the death of George Floyd led to a rash of arrests and citations. A common offense charged to protestors, mainly the peaceful ones, is the offense of Unlawful
- [DWI Refusal Convictions Overturned](https://ambroselaw247.com/dwi-refusal-convictions-overturned/) - Recently, the Minnesota Court of Appeals affirmed the principle that old DWI Refusal convictions may be thrown out if a peace officer requested a blood test without a warrant and without an exception to the warrant requirement. The vast majority of cases applicable to this situation will be from before the seminal cases in 2016.
- [Minnesota Supreme Court Reviews Definitions of “Stop” and “At”: State v. Gibson, Jr.](https://ambroselaw247.com/minnesota-supreme-court-reviews-definitions-of-stop-and-at-state-v-gibson-jr/) - Believe it or not, Minnesota courts often engage in defining simple words, such as “stop” and “at”. This exercise even occurs at Minnesota’s highest court – the supreme court. Recently, it did just that in State v. Gibson, Jr. This case addressed whether a peace officer has a lawful basis to stop a driver who
- [Objects Hanging from Your Rearview Mirror Can Get You Pulled Over](https://ambroselaw247.com/objects-hanging-from-your-rearview-mirror-can-get-you-pulled-over/) - Objects Hanging from Your Rearview Mirror Can Get You Pulled Over You’ve seen it. You may have done it yourself. You may have something hanging from it right now. Objects hanging from your rearview mirror can get you pulled over by law enforcement in Minnesota. The rearview mirror is a popular place to hang your
- [The Science of Bite Mark Evidence](https://ambroselaw247.com/the-science-of-bite-mark-evidence/) - The Science of Bite Mark Evidence The use of bite mark evidence in the court room has been a widely accepted practice for decades. The science seems to make sense when looking at the surface; however, dig a little deeper and you will see the flaws behind the science of bite mark evidence making many
- [High Percentage of False Positives in Bite Mark Evidence](https://ambroselaw247.com/high-percentage-of-false-positives-in-bite-mark-evidence/) - High Percentage of False Positives in Bite Mark Evidence Forensic odontologists who analyze bite mark evidence rely on two foundational premises. The first is that human skin is a suitable medium to capture data from, which as we discussed in our last post, is not true due to the elasticity of the skin. The second
- [When is Law Enforcement Allowed to Enter Private Property?](https://ambroselaw247.com/when-is-law-enforcement-allowed-to-enter-private-property/) - On Monday, the Minnesota Court of Appeals reversed a driver’s license revocation from one of our very own cases in LaClair v. Commissioner of Public Safety. In ruling in our favor, the court of appeals touched on a popular topic: when is law enforcement allowed to enter private property? Constitutionally protected areas, such as a
- [California Reforms Probation Length; Minnesota Should Follow](https://ambroselaw247.com/california-reforms-probation-length-minnesota-should-follow/) - [column parallax_bg="disabled" parallax_bg_inertia="-0.2" extended="" extended_padding="1" background_color="" background_image="" background_repeat="" background_position="" background_size="auto" background_attachment="" hide_bg_lowres="" background_video="" vertical_padding_top="0" vertical_padding_bottom="0" more_link="" more_text="" left_border="transparent" class="" id="" title="" title_type="single" animation="none" width="3/5" last="true"] [column_1 width="1/1" last="true" title="" title_type="single" animation="none" implicit="true"] California Reforms Probation Length; Minnesota Should Follow Recently, California’s Governor signed a significant criminal justice reform bill. The new law will limit the
- [Marijuana DWI Conviction Requires Actually Being Under the Influence of Marijuana](https://ambroselaw247.com/marijuana-dwi-conviction-requires-actually-being-under-the-influence-of-marijuana/) - Marijuana DWI Conviction Requires Actually Being Under the Influence of Marijuana You can get a Marijuana DWI in Minnesota. But, under Minnesota law, you must actually be under the influence of marijuana. Mere presence of marijuana in your system is not enough. Recently, the Minnesota Court of Appeals addressed this topic in State v. Berger.
- [What is considered a firearm for ineligible in possession cases in MN?](https://ambroselaw247.com/what-is-considered-a-firearm-for-ineligible-in-possession-cases-in-mn/) - What is considered a firearm for MN ineligible in possession offenses? Minnesota law prohibits certain people from possessing firearms or ammunition. If convicted of being ineligible in possession of a firearm, it subjects the person to a mandatory minimum prison sentence according to the Minnesota Sentencing Guidelines. Therefore, it is crucially important to not only
- [Does a “Felony Stop” Require Reasonable Suspicion or Probable Cause?](https://ambroselaw247.com/does-a-felony-stop-require-reasonable-suspicion-or-probable-cause/) - Does a “Felony Stop” Require Reasonable Suspicion or Probable Cause? Routine traffic stops involve an officer turning their emergency lights on, pulling a vehicle over to the side of the road, and the officer calmly walks up to the vehicle. In a felony traffic stop (“felony stop”), the officer(s) usually stay back at their squad
- [Should a Defendant Testify at Trial?](https://ambroselaw247.com/should-a-defendant-testify-at-trial/) - Should a Defendant Testify at Trial? Should a defendant testify at trial? This is one of the biggest strategic decisions for defense lawyers and their clients to make during a criminal jury trial. Regardless of what the criminal defense lawyer advises their client to do, the defendant holds the absolute power to make the final
- [What is the Difference Between an Administrative Review and Judicial Review? MN DWI Laws](https://ambroselaw247.com/what-is-the-difference-between-an-administrative-review-and-judicial-review-mn-dwi-laws/) - What is the Difference Between an Administrative Review and Judicial Review? MN DWI Laws Upon being arrested for a DWI in Minnesota, you will receive a notice and order of revocation for your driving privileges, if you took a breath test that resulted in an alcohol concentration of .08 or more or if you refused
- [Mentally Incapacitated Does Not Include Voluntary Intoxication in MN Criminal Sexual Conduct Cases: State v. Khalil](https://ambroselaw247.com/mentally-incapacitated-does-not-include-voluntary-intoxication-in-mn-criminal-sexual-conduct-cases-state-v-khalil/) - Mentally Incapacitated Does Not Include Voluntary Intoxication in MN Criminal Sexual Conduct Cases: State v. Khalil Recently, Minnesota’s Supreme Court addressed the definition of mental incapacitation in the criminal sexual conduct statutes in State v. Khalil. Specifically, the court evaluated whether mental incapacitation includes someone who is voluntary intoxicated. Focusing on the word “voluntary”, the
- [Legalities of CBD, Delta-8, and Other Hemp & Cannabis Products: 2018 Federal Farm Bill](https://ambroselaw247.com/legalities-of-cbd-delta-8-and-other-hemp-cannabis-products-2018-federal-farm-bill/) - Legalities of CBD, Delta-8, and Other Hemp & Cannabis Products: 2018 Federal Farm Bill Recently, you likely noticed an inundation of new hemp products. There are hemp lotions, hemp teas, hemp fabrics, hemp straws, and hemp disposable utensils. And, even hemp seeds in food products! Scientists can more freely study the medical benefits and side
- [New License Plate Impoundment / Whiskey Plates Law](https://ambroselaw247.com/new-license-plate-impoundment-whiskey-plates-law/) - New License Plate Impoundment / Whiskey Plates Law Whiskey Plates or Special Registration Plates are a requirement for drivers and vehicle owners who have been served an Order of License Plate Impoundment pursuant to DWI offenses. The Minnesota Legislature recently enacted a new law that allows for people to remove whiskey plates from their vehicles
- [Crime Lab Testing Not Required to Find Probable cause: MN Fifth Degree Possession](https://ambroselaw247.com/crime-lab-testing-not-required-to-find-probable-cause-mn-fifth-degree-possession/) - Crime Lab Testing Not Required to Find Probable Cause: MN Fifth Degree Possession Recently, the Minnesota Court of Appeals determined that the prosecution does not need to have a definitive scientific test establishing a criminal level of THC to survive a probable cause challenge in a fifth degree possession case. In most drug possession cases
- [Can I be charged for something that happened a long time ago?](https://ambroselaw247.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
- [Ambrose Law Firm Wins Implied Consent Hearing with Prescription Drug Defense](https://ambroselaw247.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
- [What is Driving Under the Influence of Drugs in Minnesota?](https://ambroselaw247.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
- [Do I need Ignition Interlock after a DWI in Minnesota?](https://ambroselaw247.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
- [Carrying a Firearm While Under the Influence in Minnesota](https://ambroselaw247.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
- [Missouri v. McNeely is Not Retroactive for DWI Refusal Convictions](https://ambroselaw247.com/missouri-v-mcneely-is-not-retroactive-for-dwi-refusal-convictions/) - Eight years ago, the Supreme Court of the United States decided a prominent DWI case that had repercussions on DWI laws across the country, including Minnesota. That case was Missouri v. McNeely. That case determined that a nonconsensual warrantless blood test violates a person’s Fourth Amendment right to be free from unreasonable searches. In its
- [What is a Proffer?](https://ambroselaw247.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
- [Hennepin County Changes Bail Policies](https://ambroselaw247.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.
- [Why I Want to Be a Criminal Defense Lawyer](https://ambroselaw247.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
- [Benjamin Koll: Why I am a Criminal Defense Attorney](https://ambroselaw247.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
- [When Can the Police Come on Your Property?](https://ambroselaw247.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
- [How can I restore my gun rights in Minnesota?](https://ambroselaw247.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
- [How Long Will I Lose My Driver’s License for a DWI?](https://ambroselaw247.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
- [What is a PSI – Presentence Investigation?](https://ambroselaw247.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
- [What is Fourth Degree Assault?](https://ambroselaw247.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 Domestic Assault by Strangulation in Minnesota?](https://ambroselaw247.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 Third Degree Assault?](https://ambroselaw247.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 Second Degree Assault with a Dangerous Weapon?](https://ambroselaw247.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 First Degree Assault?](https://ambroselaw247.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 Happens if I Violate a DANCO (Domestic Abuse No Contact Order)?](https://ambroselaw247.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
- [How Are DANCOS Removed?](https://ambroselaw247.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 is a DANCO – Domestic Abuse No Contact Order?](https://ambroselaw247.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
- [What is a Continuance for Dismissal in MN?](https://ambroselaw247.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 Stay of Adjudication in MN?](https://ambroselaw247.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 Does it Mean to Be in Physical Control of a Motor Vehicle for a Minnesota DWI?](https://ambroselaw247.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
- [NHTSA 10 Post-Stop Cues of DWI Detection](https://ambroselaw247.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
- [NHTSA 24 Driving Cues of DWI Detection](https://ambroselaw247.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
- [What is Ineffective Assistance of Counsel?](https://ambroselaw247.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
- [How Long Will My DWI Case Last?](https://ambroselaw247.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
- [I Got Released From Jail Without Charges, Now What?](https://ambroselaw247.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
- [When Do I have the Right to Talk to a Lawyer During a DWI Arrest?](https://ambroselaw247.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
- [Can you go to jail for a DWI in Minnesota?](https://ambroselaw247.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
- [How long do you have to wait to get your record expunged in MN?](https://ambroselaw247.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.
- [What is a Petty Misdemeanor?](https://ambroselaw247.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
- [What is a Misdemeanor?](https://ambroselaw247.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 Gross Misdemeanor?](https://ambroselaw247.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 Felony?](https://ambroselaw247.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
- [36 / 48 Hour Rules](https://ambroselaw247.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
- [When Will Bail Get Set](https://ambroselaw247.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
- [How to Get Someone Out of Jail](https://ambroselaw247.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
- [What is a Morrissey Hearing?](https://ambroselaw247.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
- [What is a Pre-Trial Hearing?](https://ambroselaw247.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 Jury Trial?](https://ambroselaw247.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 Court or Bench Trial?](https://ambroselaw247.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 Settlement Conference?](https://ambroselaw247.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 Rasmussen Hearing?](https://ambroselaw247.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 Contested Omnibus Hearing?](https://ambroselaw247.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 an Omnibus Hearing?](https://ambroselaw247.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 Rule 8 Hearing?](https://ambroselaw247.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 Arraignment of First Appearance?](https://ambroselaw247.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
- [Understanding Vehicle Forfeiture](https://ambroselaw247.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
- [Understanding Plate Impoundment](https://ambroselaw247.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
- [What is a Notice and Order of License Revocation?](https://ambroselaw247.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
- [What is an Implied Consent Hearing](https://ambroselaw247.com/what-is-an-implied-consent-hearing/) - Have you had your driver’s license taken away after being arrested for a DWI? If you had a blood alcohol concentration of .08 or more, or refused the evidentiary test, then you likely received a Notice and Order of License Revocation stating that your license to drive is being taken away. Unfortunately, this often happens

## Pages

- [Woodbury Criminal Defense Attorney](https://ambroselaw247.com/) - https://www.youtube.com/watch?v=Hnq5H4oHAPg Woodbury Criminal Defense Attorney Ambrose Law Firm is a Woodbury Criminal Defense Attorney that dedicates its practice to helping individuals in the criminal justice system and we are also now licensed criminal defense attorneys in Wisconsin. After nearly four years working for one of the most reputable criminal defense lawyers in Minnesota, Mr. Ambrose started
- [DWI Lawyer in Woodbury MN](https://ambroselaw247.com/services/dwi-dui-lawyer-woodbury-mn/) - DWI Lawyer Woodbury MN“Lead Counsel Rated”“Ten Best” MN DWI Lawyer“Top 40 Under 40”★ ★ ★ ★ ★ Driving While Impaired / Driving Under the Influence Ambrose Law Firm is a dedicated DWI Lawyer in Woodbury MN that specializes in defending clients against charges of Driving While Intoxicated (DWI). The law firm’s skilled and experienced criminal
- [Wisconsin Criminal Defense Attorney](https://ambroselaw247.com/wisconsin-criminal-defense-attorney/) - Ambrose Law Firm is also a Wisconsin Criminal Defense Attorney. Specializing in OWI, DUI, DWI, assault charges, Drug crimes and more. Call today!
- [Benjamin W. Koll](https://ambroselaw247.com/about-us/benjamin-w-koll/) - Benjamin W. Koll – ASSOCIATE ATTORNEY – CONTACTSTel: 651-800-4842ben@ambroselaw247.com AREAS OF PRACTICEDWI & DUI →Criminal Vehicular Operation →Assaults →Drug Crimes →Fraud, Theft, Financial Crimes →White Collar Crime →Internet Crime →Juvenile Law →Expungments →More → WE WILL FIGHT TO PROTECT YOUR LEGAL RIGHTSUNDER THE LAW.Attorney Ben Koll joined Ambrose Law Firm, PLLC after working as a Judicial
- [Contact](https://ambroselaw247.com/contact-us/) - Request a Free Consultation Fill out the form below to receive a free and confidential initial consultation CompanyThis field is for validation purposes and should be left unchanged.Name(Required)Phone(Required)Email(Required) Case Description(Required) Send Request Δ We have offices in Woodbury and Minneapolis, MN Serving Clients in the Minneapolis-St. Paul Metro Area and Throughout Greater Minnesota Woodbury Location
- [Frequently Asked Legal Questions](https://ambroselaw247.com/frequently-asked-legal-questions/) - Frequently Asked Legal Questions Understanding the Court Process / What to Expect at the Following Hearings What is an Arraignment / First AppearanceAn 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
- [Minnesota Expungement Attorneys](https://ambroselaw247.com/criminal-defense-attorney-in-minneapolis-mn/expungement-lawyer/) - Minnesota Expungement Attorneys“Rising Star – Super Lawyers”“2016 Clients’ Choice” Award“Top 40 Under 40”★ ★ ★ ★ ★ Expungements On January 1, 2015, Minnesota’s new Expungement Law went into effect. Also widely known as Minnesota’s Second Chance Law. This law, compared to the old one, gives many people a second chance to clear their criminal records
- [Minnesota Drug Crimes Attorney](https://ambroselaw247.com/criminal-defense-attorney-in-minneapolis-mn/drug-crimes-lawyer/) - Minnesota Drug Crimes AttorneyAWARDS“Top One Percent”“Ten Best” Under 40“Top 40 Under 40”★ ★ ★ ★ ★ Drug Sales & Drug Possession (Controlled Substance Crimes) Ambrose Law Firm, PLLC handles all levels of drug crimes. From Felony First Degree Sales of a Controlled Substance to Misdemeanor Possession of Marijuana in a Motor Vehicle. The Fourth Amendment’s
- [Minnesota CVO & CVH Attorney](https://ambroselaw247.com/criminal-defense-attorney-in-minneapolis-mn/cvo-cvh-lawyer/) - Minnesota CVO & CVH Attorney“Lead Counsel Rated”“Ten Best” MN DWI Lawyer“Top 40 Under 40”★ ★ ★ ★ ★ Criminal Vehicular Operation & Criminal Vehicular Homicide Minnesota Attorney Robert H. Ambrose has a significant amount of experience defending people charged with Criminal Vehicular Operation. In numerous cases, he has prevented the conviction for this serious offense.
- [Minnesota Assault Attorneys](https://ambroselaw247.com/criminal-defense-attorney-in-minneapolis-mn/assault-lawyer/) - Minnesota Assault Attorneys“Rising Star – SuperLawyers”“2016 Clients’ Choice” Award“Top 40 Under 40”★ ★ ★ ★ ★ Assault / Domestic Assault Ambrose Law Firm, PLLC handles all types of assault cases. Whether it is Fifth Degree Domestic Assault or Assault in the First Degree – Great Bodily Harm. Cases involving violence often invoke emotions and highly
- [Minneapolis DWI Lawyers](https://ambroselaw247.com/criminal-defense-attorney-in-minneapolis-mn/dwi-dui-lawyer/) - Minneapolis DWI Lawyers“Lead Counsel Rated”“Ten Best” MN DWI Lawyer“Top 40 Under 40”★ ★ ★ ★ ★ Driving While Impaired / Driving Under the InfluencE Ambrose Law Firm, PLLC has a tremendous amount of experience defending Driving While Impaired (DWI) and Driving Under the Influence (DUI) cases across the state of Minnesota. Attorney Robert H. Ambrose was named
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