Criminal Defense

Possessing marijuana wax in any amount qualifies you for felony charges in Minnesota.  You will also face felony charges if you distribute or sell wax (also known as “dabs”), THC oil, or other alternative forms of marijuana. If you are convicted, you will face substantial penalties that can seriously affect your life. Fortunately, a Minnesota drug possession lawyer can help you by building a strong case for your defense. What Are the Penalties for Wax Possession? Any offense involving the possession of marijuana in resin or hash oil form – including wax – can result in felony charges. Although possessing the plant form of marijuana in small quantities carries only petty misdemeanor charges, even the smallest amount of wax can send you to prison for years. The level of felony charges you face for possessing wax will depend on the quantity in question, your prior criminal history, and the circumstances of your arrest.  Even the least of the potential felony charges carries the threat of five years in prison and fines up to $10,000. For larger quantities, you could face up to 30 years behind bars and as much as $1,000,000 in fines. If you have prior convictions on your record, you can expect to face the maximum penalties. What Are the Penalties for Distributing Wax? Selling or distributing wax and other non-plant forms of marijuana carries even harsher penalties, especially when larger quantities are involved. The maximum penalty could lead to 35 years in prison and a fine of $1,250,000.  Any quantity sold to a minor or distributed in a school zone can lead to 15 to 20 years in prison and fines that range up to $250,000. Costs & Consequences of a Wax-Related Crime Upon conviction for a wax-related felony, you also face a variety of consequences in addition to fines and potential prison time. You will have a permanent criminal record, which can prevent you from getting a job, getting into a good school, holding a professional license, and more. You could lose your driver’s license, and in some cases, the state could even seize your property and assets, depending on the circumstances of your case. How Does Medical Marijuana Affect Wax? If you are medically qualified for marijuana use, you can legally possess small quantities of wax. To avoid facing misdemeanor or felony wax charges, you must be duly enrolled and in compliance with the applicable medical marijuana regulations. Potential Defenses Against Wax Charges Fortunately, drug crimes lawyers have many options when building a defense to felony wax charges. For example, an illegal search and seizure can render evidence inadmissible in court. Likewise, if the police fail to properly handle the evidence, it may also become inadmissible. Another effective defense strategy involves the location in which the police found the wax. If you did not have physical control of the substance (such as in a pocket or purse), your lawyer can potentially make the case that the wax wasn’t yours. If the police violated your legal rights at any time during your arrest or processing, you may also have grounds for getting your charges reduced or dismissed.   When Should You Call a Drug Crimes Lawyer? Being arrested for any drug-related crime is a serious situation. Before you make any statements or agree to any plea deal, talk to a Minnesota marijuana crimes lawyer. At Arechigo & Stokka, our criminal defense attorneys understand the seriousness of your situation. That’s why we offer a free consultation, so you can understand the charges pending against you and your potential options. Call us now for help.

However, when speaking of possible sentences for misdemeanor criminal convictions in Minnesota, there is a broad range of possible sentences.   District courts have wide discretion in deciding which conditions to place on a person convicted of a misdemeanor in Minnesota.   THE MAXIMUM SENTENCE FOR MISDEMEANOR IN MINNESOTA IS 90 DAYS IN JAIL AND A $1,000.00 FINE These conditions can include random drug or alcohol testing, payment of restitution, and no contact with certain individuals, to name just a few. For the maximum sentence for a misdemeanor conviction in Minnesota, a court cannot impose more than a 90-day jail sentence and a $1,000 fine.   If a judge imposes the maximum sentence and orders the convicted individual to serve 90 days in jail, the judge cannot also impose conditions such as random drug or alcohol testing.   A person convicted of a misdemeanor in Minnesota has the option to execute the maximum 90-day jail sentence. If executed, the judge cannot order probation or additional conditions to be imposed after the 90 days have been served. SOME CRIMES IN MINNESOTA ARE ENHANCEABLE OFFENSES This means that the more you get, the worse the punishment gets.  DWI and Domestic Assault are probably the most common enhanceable offenses.   If a person is convicted of a first-time misdemeanor Domestic Assault offense, the maximum sentence that could be imposed is 90 days in jail.   However, if that same individual is convicted of a subsequent Domestic Assault offense within ten years of the misdemeanor conviction, that second offense will be enhanced to a gross misdemeanor and will carry increased penalties. In addition to a 90-day jail maximum sentence for a misdemeanor in Minnesota, there are additional penalties that could come into play for a conviction of certain types of offenses These additional penalties are commonly referred to as “collateral consequences.”   Again, DWI and Domestic Assault or probably the most common types of offenses that trigger collateral consequences if convicted.   For example, certain firearm restrictions are triggered by a misdemeanor domestic assault conviction in Minnesota and driver’s license revocation issues pop up if convicted of a misdemeanor DWI. If you or someone you know is facing a misdemeanor criminal charge in Minnesota, you need an experienced  Minnesota criminal defense lawyer.   Our St. Paul criminal defense attorneys will answer all of your questions about your misdemeanor charge.   Our Minnesota criminal defense attorneys will prepare a strong and effective defense that will help you avoid the maximum sentence for your misdemeanor charge.   Contact our St. Paul criminal defense lawyers today to schedule your free consultation.

Perhaps the most important thing someone can remember to do when they find him or herself in the middle of a police encounter is to keep calm.   Getting into an argument with the police, no matter how right you may be, is not going to do any good.  The police will most likely describe you as being “uncooperative” or “combative.” Instead, keep calm and lawyer up.  Tell the officers that you would like to have your attorney present for any questioning.  After you have asserted your right to have an attorney present, the police cannot ask you anymore questions and the interrogation must end. Keep calm and lawyer up.

MOST PEOPLE WONDER HOW LONG CAN POLICE DETAIN YOU OR YOUR VEHICLE DURING A TRAFFIC STOP. The duration of the vehicle stop depends on the initial reason for the traffic stop and any other criminal suspicion that develops after the stop.   The Minnesota Supreme Court states that the duration of the vehicle stop must be temporary and cannot last any longer than is necessary to investigate the initial reason for the traffic stop.  However, there is no concrete time limit for a lawful length of a traffic stop. The police need to suspect other criminal activity separate from the reason for the initial traffic stop before they can continue to lawfully detain the vehicle beyond the time it would have taken to write a traffic citation.   Examples for Determining How Long Minnesota Police Can Detain You In determining how long can police detain you for failing to use a blinker while turning, the officer cannot approach the vehicle and ask the driver if there are drugs in the car.  That would be an unlawful expansion of the reason for the traffic stop.  The officer stopped the vehicle for not using a blinker, not because he suspected there were drugs in the car.  Before the officer can expand the duration of the traffic stop, he would need reason to believe there were drugs in the car.   If the officer thought he smelled marijuana in the vehicle then he could question the driver about having drugs.  In this situation, the officer could detain the driver as long as the officer acted to confirm his suspicions of drugs in the car.  How long police can detain you or your vehicle increases with each additional suspicion of criminal activity. THERE IS NO HARD-AND-FAST TIME LIMIT FOR A LAWFUL TRAFFIC STOP. The duration of the traffic stop will depend on the facts and circumstances surrounding each individual traffic stop situation.  In one case, the Minnesota Supreme Court held a 61 minute traffic stop to be lawful under the circumstances. If you find yourself in the middle of a traffic stop, it is important to remember that you DO NOT have to answer any of the officer’s questions.  You have the absolute right to remain silent.  In most cases, it is in your best interests not to answer any questions.  Instead, simply tell the officer that you are not going to answer any questions without your Minnesota criminal defense lawyer present.   After that, call the St. Paul criminal defense lawyers at Arechigo & Stokka.  Our Minnesota criminal defense lawyers will advise you how to handle the situation and tell you what to say, if anything.  If you find yourself arrested or facing criminal charges following your traffic stop, our St. Paul criminal defense lawyers will investigate the reasons behind the initial traffic stop and the officer’s reasons for expanding the length of the stop.  If the officer unlawfully expanded the duration of your traffic stop, our St. Paul criminal defense lawyers will fight to have the evidence suppressed. Contact our Minnesota criminal defense lawyers today if you or someone you know recently faced an expanded traffic stop.

Can Police Make You Use Your Fingerprint to Unlock Your Phone? Many newer smartphones allow owners to unlock their phone with the touch of their fingerprint. Smartphone manufacturers market the fingerprint lock as an advancement in security.  I would probably bet that a good number of people do not set a passcode lock on their phone because it’s annoying to have to enter a passcode to check your phone every ten minutes.  But, many more people probably would – and do – set up the fingerprint lock feature on their phone.  So, what’s the difference between a fingerprint and a passcode?  Well, when it comes to compelled police searches of your phone, the difference is enormous. Police Can Force You to Use Your Fingerprint to Unlock Your Phone Police can force iPhone – or any other smartphone equipped with fingerprint technology – users to unlock their iPhone if the iPhone is only secured by fingerprint security.  As long as the police have obtained a valid search warrant, they can command an iPhone owner to put her finger on the button and unlock the phone. Police Cannot Force You to Divulge Your Passcode to Unlock Your Phone If your iPhone is protected by a passcode, then the police cannot compel you to disclose the passcode for purposes of forcing you to unlock your phone.  It does not matter if they have secured a search warrant.  A search warrant cannot compel an iPhone owner to disclose the phone’s passcode.  The Fifth Amendment protects us from being forced by the government to provide evidence against ourselves.  This is the right against self-incrimination. Why the Legal Distinction Between A Fingerprint And A Passcode? Courts have drawn a legal line separating a fingerprint from a passcode.  Fingerprints are viewed as who we are rather than what we know.  A passcode is data stored in the brain, something we know.  Fingerprints, on the other hand (sorry, couldn’t resist), are much more accessible and make up our “biometric data.” This is a key distinction for purposes of compelled police searches.  Providing a passcode requires giving an oral statement to the police that potentially incriminates an individual.  Courts refer to this as a “testimonial statement.”  The Fifth Amendment gives us the right to remain silent and prevents the government from compelling a testimonial statement. Fingerprints are classified with DNA samples or voice samples.  This is not viewed as evidence you know; so, forcing you to put your finger on your iPhone is not the same as compelling a testimonial statement.  You’re not being forced to say something you know that potentially incriminates yourself. Moral of the story?  If you know you’re keeping potentially incriminating or unlawful information on your iPhone, best to lock it up with a passcode instead of a fingerprint. Schedule a Consultation With a Criminal Defense Lawyer Contact our criminal defense lawyers today for a free consultation.   Our criminal defense lawyers are licensed in Minnesota, North Dakota, and United States District Court.   If the police have unlawfully recovered evidence against you by illegally searching your iPhone, our criminal defense lawyers will fight to have the evidence suppressed.

What is Domestic Assault Felony? Domestic assault in Minnesota can be either a misdemeanor, gross misdemeanor, or a felony. Felonies are much more serious charges, which usually result in greater fines and more time in jail or prison. Also, felons can lose their civil rights, such as the right to vote or possess a firearm. If you have been accused of any crime of domestic violence, please contact us today. We have extensive experience with felony domestic assault in Minnesota and can help defend you. What Is Felony Domestic Assault in Minnesota? Felony domestic assault is an aggravated version of misdemeanor domestic assault, so let’s start there. Misdemeanor domestic assault under is defined under Section 609.2242 as doing the following to a member of the family or household: Acting with the intent to cause another person to fear death or immediate bodily harm Intentionally inflicting or attempting to inflict bodily harm Members of family or household includes: Parents Children Spouses Former spouses Any blood relative Someone currently residing with the defendant or someone who has resided in the past Romantic or sexual partner Person the defendant is pregnant with or has already had a child with If this is a defendant’s first offense, then he or she will be charged with misdemeanor domestic assault. The charges get kicked up to a felony if this is the third or subsequent “qualified domestic violence-related offense” within a 10-year period. At that point, the defendant can be charged with a felony. You can also be charged with domestic felony assault if you strangled a person, even if this is your first domestic violence-related offense. What Counts as a Prior Qualified Domestic Violence-Related Offense? This is a broad category and includes the following: Violation of certain protective or restraining orders Murder (first or second degree) Assault Misdemeanor domestic violence assault Malicious punishment of a child Sending private sexual images without consent Female genital mutilation Terroristic threats or stalking Interference of emergency call Also, convictions of similar type offenses in other states will count. Two or more of any of these offenses in a 10-year period means you can be charged with domestic felony assault for your third offense. Punishment for Felony Domestic Assault in Minnesota A convicted felon faces the following punishments: Up to 5 years in state prison A fine of up to $10,000 Both Felons in Minnesota can also lose important civil rights. As an example, a felon cannot vote in Minnesota until he or she has completed their probation or prison sentence/parole. You will also lose your ability to lawfully possess a firearm and will be burdened with the stigma of a convicted felon. Contact Us Today If you have been accused of domestic felony assault, you need a passionate criminal defense attorney by your side. Contact Arechigo & Stokka today. We have helped many people accused obtain a favorable resolution, and we are anxious to help you in every way we can. We offer a free, confidential consultation.