Articles by Minnesota Criminal Defense Lawyer Carolyn Agin Schmidt

“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.

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.

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.

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.

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.

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.

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.

A pretrial diversion means that the prosecutor has agreed to refer you to a diversion program on the condition that the criminal charges against you will be dropped after a specific period of time or the case will not be convicted if you successfully complete the program (Minnesota Statute 401.065). Pretrial diversion programs are meant to "provide eligible offenders with an alternative to confinement and a criminal conviction."