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Articles by Minnesota Criminal Defense Lawyer Carolyn Agin Schmidt

Why Fugitives Should Hire an Attorney Before They Surrender

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If you are on the run from the law, don't plan your next move without an experienced criminal attorney. Being a fugitive can be a danger to your safety -- fleeing suspects are often hurt and sometimes killed as they attempt to elude police.

On the other hand, showing up at a police station and turning yourself in without an attorney present can be another big mistake. Having an attorney before you surrender can help preserve your rights. Also by turning yourself in you may face lower bail requirements because you do not pose a risk of flight. You may be in trouble, but you can at least make sure you are treated fairly by the system with the help of a knowledgeable lawyer.

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Death at a Minneapolis Bar Shows Need for Skilled Criminal Lawyer

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When criminals attack, sometimes victims fight back. But in the case of a Minneapolis bar bouncer who was attacked with a knife, it could lead to a murder charge.

MPR News recently reported that the city's 28th homicide of the year occurred when a bouncer at Grumpy's bar in Minneapolis was attacked by a knife-wielding man outside the front door. He suffered cuts before finally, unable to disarm the man or fend him off, the bouncer shot him dead. He had a legal, licensed gun and a permit to carry it concealed.

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Computer Crimes in Minnesota

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The creation and widespread use of new technology often means better ways to do things and increased productivity and communication. It also means new ways to get into trouble, including new forms of fraud and theft.

Crimes involving computers and the Internet are typically either white collar crimes or crimes involving sexual misconduct. White collar computer and Internet crimes include:

  • Hacking;
  • Theft of Technology;
  • Internet Phishing;
  • Promoting a Computer Virus;
  • Computer Theft;
  • Computer Damage;
  • Fraud; and
  • Unauthorized Computer Access.
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Motor Vehicle Forfeiture in Minnesota

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If you are convicted of a DUI/DWI charge, you may face not only jail time and large fines, but also administrative penalties such as a revocation of your license and the forfeiture of your motor vehicle.

In Minnesota, if you are arrested for DWI/DUI under certain circumstances, the arresting police officer has the right to seize your vehicle at the time of the arrest. If your vehicle is seized, the prosecuting attorney can then serve a notice of intent to seek a forfeiture of your motor vehicle.

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Minnesota DUI Dos and Don’ts

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Do Be Cooperative and Polite.

No one appreciates being stopped by the police. However, when dealing with an officer, you should do your best to be cooperative and polite. Antagonistic or hostile behavior will only irritate the officer and may work against you if your case goes to court.

Don’t Answer Any Questions Other Than Your Name and Address.

Answering questions without a lawyer present is never a good idea. Anything you say could be construed in a negative light and/or used against you in court. You should provide the officers with your name and address when they ask for it, but do not answer any other questions.

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Types of Fraud in Minnesota

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Fraud is often considered a “white collar crime.” Minnesota law specifies a number of different types of fraud, including:

  • Medical Assistance Fraud;
  • Insurance Fraud;
  • State Lottery Fraud;
  • Lawful Gambling Fraud;
  • Fraud in Obtaining Credit;
  • Financial Transaction Card Fraud;
  • Residential Mortgage Fraud; and
  • Telecommunications and Information Services Fraud.

Additional types of fraud may include: mail fraud, tax fraud and/or bank fraud.

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What is an expungement, and do I qualify for one?

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An expungement is the sealing of all records or, in some cases, the return of records that one may have as a result of having been arrested or charged with a crime. There are three kinds of expungements under Minnesota Law:

1. Minnesota Statute Section 299C.11 provides for the return of booking records and clearing the arrest record in cases where the defendant was never charged or probable cause was never found.

2. Minnesota Statute Section 609A; Statutory expungement cases are those in which the statute specifically gives the judge the authority to expunge your case. These types of cases include those that have been resolved in the favor of the defendant, i.e. a dismissal that does not involve a plea of guilty or an acquittal. The other statutory expungements are if one pleads guilty to a drug crime pursuant to Minnesota Statute Section 152.18, which provides that the defendant may petition for the expungement after successfully completing probation, or when there is a juvenile who was certified as an adult.

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What Is A “White Collar” Crime?

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White collar” crimes are typically nonviolent crimes that involve financial deception. These crimes may be committed knowingly or unintentionally. Many first-time offenders are otherwise law-abiding Minesota citizens who have engaged in illegal activity out of ignorance of the law or out of desperation due to economic difficulty. Such economic difficulty may arise as a result of factors such as gambling, drug addiction or family financial difficulties.

Crimes considered “white collar crimes” include:

  • Bribery;
  • Counterfeiting;
  • Embezzlement;
  • Forgery;
  • Identify Theft;
  • Insurance Fraud;
  • Internet Fraud;
  • Mail Fraud;
  • Money Laundering;
  • Mortgage Fraud;
  • Property Crimes;
  • Securities Fraud;
  • Theft; and
  • Wire Fraud.

White collar crimes may be either state or federal crimes, and convictions can carry penalties of massive restitution payments, large fines, and jail or prison time.

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Penalties for DUI/DWI Convictions in Minnesota

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In Minnesota, the charges and penalties associated with a DUI/DWI conviction depend upon a number of factors.  These factors are called “aggravating factors” and they influence your case by subjecting you to harsher charges, sentences and/or mandatory minimum sentences. These “aggravating factors” include having a prior conviction for DUI/DWI in the past ten years, a prior driver’s license revocation due to a drinking and driving violation in the last ten years, a BAC of over .20, refusal to test, or driving with a child under the age of 16 as a passenger.

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What should you do if the police want to question you or search your property?

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If a police officer or investigator wants to question you about a criminal investigation, you should assert your right to remain silent and have your lawyer present. The Firth Amendment to the United States Constitution provides that you have a right against self-incrimination: the right to remain silent. Whether you are in custody or not, you should not answer the officer's questions until you have discussed your case with a lawyer.

The police are trained to extract information to aid in the charging of a crime. Guilty or innocent, you may say something that you believe is harmless but could actually provide the authorities with a critical piece of evidence.  

For example, a police officer calls you and asks you if you were driving your vehicle in a certain vicinity at a certain time yesterday.  You, thinking you have nothing to hide, acknowledge that you were.  What you didn't know was that a school bus driver has alleged that someone driving your vehicle did not stop for a school bus arm while there were children outside the bus. By admitting that you were driving your vehicle, you have just caused yourself to be charged with a gross misdemeanor (punishable by up to one year in jail and a $3,000 fine) versus a petty misdemeanor (punishable by only a fine of no more than $300), which is not a crime. By admitting you were driving your vehicle, you have provided the police officer with the necessary element to charge you with a crime, namely the identification of the driver.
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