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The 36- and 48-Hour Rules Following An Arrest

Getting arrested in Minnesota is stressful, and you are often not thinking about anything other than: “how do I get out of here?” This is when two powerful rules, the 36-hour and 48-hour rules, protect you from being held too long without seeing a judge. These time limits matter and knowing how they work helps

How Do I Handle a Warrant for My Arrest in Minnesota?

Warrants for an arrest can happen for a few reasons – missed court appearances, late or non-payments of fines, costs, or child support, and after being charged with a crime (a Ramsey County specialty). If this applies to you, the common question we get – and one we can absolutely answer and assist you in

When is a Miranda Warning Required?

The Fifth Amendment provides that no person shall be compelled to be a witness against themselves in a criminal case. In lay mans terms, the Fifth Amendment is the right against self-incrimination. Per a 1966 United States Supreme Court decision, a Miranda warning is required only for custodial interrogations. Let’s break this down a bit.

Private Security and Fourth Amendment Implications

Many establishments and retail stores hire private security. Often the private security personnel are the ones that witness an alleged crime and call the cops to the scene. Sometimes, the private security will go so far as detaining the person until the cops arrive. Because private security personnel are not as experienced or trained as

RIP 4th Amendment – Part 1 – Utah v. Strieff Decision

In an era where the 2nd Amendment is untouchable, the 4th Amendment is nearing extinction due to two rulings this week by the U.S. Supreme Court. Before getting into the first decision – Utah v. Strieff – let’s remind ourselves of what the 4th Amendment is supposed to protect. The Fourth Amendment, often considered one of

Bail Amounts in Minnesota

When a person is in custody, he or she can be released on their own recognizance, on conditions (called conditional release) that may include a condition of reduced bail, or on maximum bail. So, the question we often get is – what is the maximum bail? The answer – it depends on the severity level

Requesting an Additional Test When Arrested for DWI

When you are arrested for a DWI, you will be asked by the Officer to submit to a breath test, or either provide a urine sample or have blood drawn in order to determine your blood alcohol concentration (“BAC”) level. What the Officer likely will not explain to you – because they don’t have to

Arguing Against Conditions of Release

If you are in custody, the Court may impose conditions of your release, even if you are released on your own recognizance – i.e. without bail. The conditions of release are supposed to be imposed for the purposes of ensuring your appearance at future court dates and for public safety reasons. The following are common