“Reasonable suspicion” and “probable cause” are two critical concepts in US criminal procedure. These two concepts determine whether the police have the authority to search you, arrest you, or detain you. If the police get it wrong, your attorney could get evidence suppressed, win you an acquittal, or secure a favorable plea bargain. In St. Paul, both federal law and Minnesota law apply. Both reasonable suspicion and probable cause arise from the right to be free from unreasonable search and seizure under the Fourth Amendment to the United States Constitution. The Minnesota Constitution is subordinate to the federal constitution, and it cannot take away any federal constitutional rights. It can, however, grant additional rights to Minnesota criminal defendants. Reasonable Suspicion vs. Probable Cause Reasonable suspicion is the legal standard that a police officer must meet to “stop and frisk” you for a weapon or to pull you over for DWI. An officer cannot base reasonable suspicion on their subjective feelings, but must rely on objective facts. Weaving or turning without using your turn signal, for example, might be enough to constitute reasonable suspicion and justify pulling you over for DWI. Probable cause means evidence that is not necessarily proof, but something more than just reasonable suspicion. The police need probable cause to arrest you, to obtain a search warrant, or to search your home. For probable cause to exist, the evidence against you must be strong enough to convince a “reasonable person” that you have committed, are committing, or are about to commit a crime, or that evidence of a crime can be found at the location to be searched. Failing a field sobriety test (walking in a straight line, for example) might provide probable cause to arrest you for DWI. Probable Cause vs. Reasonable Suspicion: Remedies for the Violation of Your Rights When the police ignore probable cause and reasonable suspicion restrictions on their behavior, the legal consequences are significant. Your attorney can demand that the court suppress any evidence that was uncovered through the violation of your rights. If the prosecution lacks enough remaining evidence to convict you, your case will be dismissed and you will walk free. Under certain circumstances, such as a racially motivated arrest that lacked probable cause, you can even file a federal civil lawsuit seeking money damages or an injunction (a court order demanding that the government act or refrain from acting as specified in the order). Now Is Not the Time to Hesitate It is never a good idea to represent yourself in a criminal proceeding. But it’s not much better to retain an attorney who lacks experience in criminal defense. Instead, you should retain an experienced St. Paul criminal defense attorney as early in the process as possible. Never forget: missing a critical deadline could irreparably damage your defense. At Arechigo & Stokka, we know how to fight back against aggressive St. Paul prosecutors. We will do what is necessary to protect our clients. The sooner we begin preparing your defense, the better your chances will be. Feel free to contact us online or call us at 651-222-6603 for a free initial consultation.Read More
If you have been charged with a crime or were injured at work,
there is no room for error when it comes to your case.
Don’t take a chance with your future. Hire a criminal defense attorney or workers compensation lawyer who has handled hundreds of cases.
The criminal defense lawyers and workers comp lawyers of Arechigo & Stokka provide direct, personal attention to your case. Our attorneys are committed to achieving your case goals, no matter the type of injury or criminal charge.
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"I reached out to John Arechigo about a case I had and John was outstanding. He made the process very easy for a person who does not know how the process work, and accomplished the goal I wanted. My experience was very positive and I would highly recommend John to anyone who need to have their case looked into or dismiss. Would definitely reach out to John if ever a problem should arise for any future help."- J Thao
"Best Attorney in MN! Thank you to Mr. John Arechigo and everyone at Arechigo & Stokka, P.A for the exceptional job they did with our case. Because of their professional knowledge, dedicated efforts, hard work, and compassion, we got the outcome that we needed. If you ever need an exceptional attorney for any sort of civil forfeiture, John Arechigo of Arechigo & Stokka, PA is the only law firm I would call. We are grateful and thankful for all they have done to help us get our property back."- Monica K
"The legal expertise provided by John was nothing less than exceptional. When a sibling of mine was facing multiple serious felonies and in dire need of top-notch representation, John was the man. In and out of the court room, he's knowledge and professional are second to none. Throughout the case, he restored hope into our family. He delivered as he stated, and now we have our family back together. This man is worth every penny, he gets the job done. "- Safi Khalif
"I have been a client of Arechigo & Stokka for nearly a decade. They provide exceptional legal representation and maintain good working relationships with various judges and prosecuting attorneys in the Twin Cities area. They are well versed in the current laws which are continually changing. This allows them to quickly adapt, if needed, in order to offer the best legal strategy possible for a given case. Arechigo & Stokka treat each case with the utmost importance, work promptly to advocate for their clients’ needs, and communicate openly with each regarding the status of their particular case."- Abigail Peterson
"John Arechigo is an absolute miracle worker. My friends and I have used him multiple times. Extremely knowledgeable and a wizard in the court room. John always answers his phone and will be with you every step of the way through the legal process. Highly recommended!"- Bryan Larson
"John was a true professional. He listened to and understood all of my questions, and he always provided a quick and thorough response. If I ever find myself in another situation where a lawyer is necessary, I will not hesitate for a second to call him!"- Mack Ziemer
"While facing some serious felony level charges that would have potentially put me away for awhile, John's legal expertise proved otherwise. He was very coherent, competent, and consistent in fulfilling his duties throughout the entire process. His constant communication and knowledge about the law kept me at ease, knowing that I had one of the best defense attorneys in MN on my team."- Mubashir Jeilani
"John is professional, extremely knowledgeable and empathetic. He always answered any questions I had in a timely matter and I felt that he was truly invested in my case from start to finish. I would highly recommend him and his firm."- Ted Spiess
From The Blog
With the COVID-19 pandemic impacting millions across America, many workers worry about their employment. You may have questions in this uncertain time, such as, will I be covered by workers’ compensation in MN if I contract COVID? Workers’ compensation normally doesn’t cover community-acquired illnesses like colds and flu. However, there are some exceptions for COVID. Here, we explain workers’ compensation MN laws related to COVID. If you have questions about these laws or want to discuss your situation, contact our experienced workers’ comp MN attorneys at the Criminal Defense Attorney & Workers’ Compensation Law Offices of Arechigo & Stokka. COVID Workers’ Compensation for Frontline Workers Last year, Governor Tim Walz signed H.F. 4537, which expanded Minnesota’s workers’ compensation to include COVID frontline workers. The law protects workers with a presumption that a COVID infection occurred at the workplace, though employers have the opportunity to rebut the presumption. Frontline workers covered by this presumption include: Law enforcement officers; Firefighters; Paramedics and EMTs; Healthcare workers and correction officers working in correctional facilities; and Healthcare workers and assistants in healthcare, home care, or long-term care facilities with COVID-infected populations. People providing childcare to these frontline workers can also qualify for the presumption. If you are not entitled to the presumption, you may still be able to claim workers’ compensation for COVID. Doing so will require you to present some evidence that your COVID infection came from your workplace. How to Claim Workers’ Compensation for COVID To claim workmans’ compensation in MN for COVID, you should take these steps: Notify your employer that you suspect COVID and stay home from work; Get laboratory testing to verify your COVID infection; Quarantine according to health authority guidance; Save medical records and bills related to your COVID diagnosis and treatment; File a workers’ compensation claim related to your illness; and Speak to an attorney if your employer rejects your workers’ compensation claim or threatens to retaliate if you file a claim. Workmans’ comp insurance in MN should pay your medical bills and a reduced wage while you miss work due to COVID. To receive workmans’ comp benefits, you will need to present evidence of your injury and of your inability to work. Contact a Workers’ Compensation Attorney About Your COVID Claim If you think you acquired COVID at work, you may be entitled to workers’ compensation. This new area of workers’ compensation claims can be confusing, and insurers may try to reject your claim. An experienced attorney can help you pursue the compensation you need. To speak to an attorney about your workers’ compensation claim, contact the Criminal Defense Attorney & Workers’ Compensation Law Offices of Arechigo & Stokka. We have decades of experience helping hundreds of clients, but we personalize a legal solution for each client. We offer a free consultation and work on contingency. This means you owe us nothing until we win you money. Contact us today to get started on your COVID workers’ compensation claim.Read More
If you work for Amazon in Minnesota and are injured at work, you need to know your rights. Do you need to file a workers’ compensation claim through Amazon? Who pays for your medical bills? Can you sue Amazon in court? The experienced workers’ compensation lawyers at the Criminal Defense Attorney & Workers’ Compensation Law Offices of Arechigo and Stokka will walk you through each step. We also will ensure you get full benefits to compensate you for your Amazon workers’ compensation claim. Why Workers’ Compensation for Amazon Injuries? Like most states, Minnesota has a workers’ compensation law that covers work-related accidents and injuries. This law also makes workers’ compensation the exclusive remedy for workers to recover money when hurt on the job. Workers’ compensation involves a trade off. Injured workers do not need to prove that their employer caused or was at fault for their work-related injury. In addition, injured employees receive specified benefits based on the type and severity of their injury. Consequently, the workers’ compensation system provides employees with a relatively fast and defined method to recover their medical bills and lost wages. In exchange, workers are not permitted to sue their employer in court for employment-related injuries. Also, employees are unable to recover certain types of monetary damages, such as pain and suffering awards. Generally, the only way that you can recover money from Amazon for an on-the-job injury is through workers’ compensation. However, Minnesota’s workers’ compensation statute provides limited exceptions that might allow you to sue your employer or a third party. When you consult with us regarding your claim, we can advise you on the best way to proceed. What Should an Amazon Employee Do First When Injured on the Job? If you are injured while working for Amazon, your first step is to notify your supervisor and seek medical attention. Whether you work in Amazon’s technology office, fulfillment center, or sortation facility, you need to report all injuries, no matter how minor, to management. Amazon then must complete the First Report of Injury form. Amazon should give you a copy of that completed form as well as the Minnesota Workers’ Compensation System Employee Information Sheet. What Amazon Workers’ Compensation Benefits Will I Receive? If your illness or injury occurred while working for Amazon, you generally will be able to recover: Medical expenses—reasonable and necessary medical treatments and supplies; Rehabilitation benefits—vocational rehabilitation services and/or retraining to help you return to work; and Lost wages—temporary or permanent disability benefits to cover a portion of the pay lost due to your work-related injury. If an employee dies while working at Amazon, Minnesota’s workers’ compensation statute will provide a death benefit to the surviving spouse or other dependents. Do I Need A Workers’ Compensation Lawyer? It is important to consult with an experienced workers’ compensation lawyer early in the process to protect your rights. Amazon workers’ compensation claims can be stressful, and you may fear retaliation for filing a workers’ compensation claim. We can help take the fear and frustration out of the process while ensuring you get your rightful workers’ compensation benefits. Contact one of the Minnesota workers’ compensation attorneys at Arechigo & Stokka for a free consultation as soon as you are injured at Amazon. We have represented hundreds of injured workers in Minnesota, and you won’t pay a fee unless we recover workers’ compensation for you.Read More