Uncategorized - Johnson Criminal Defense

POSITION OF POWER: Officer v. “Reasonable Person”

November 16, 2015Drugs, Evidence, Felony, Gross Misdemeanor, Misdemeanor, Uncategorized Uncategorized

Police Officer use of force is an ever-growing topic of discussion in today’s society. The news and social media have allowed people to not only hear about, but actually see, videos where force, even deadly force, is used. The take away, whether you agree with the officer’s actions or not, is that if an officer is telling you to do something, DO IT. Their authority is obvious and intimidating. They have the power and they will decide how to wield it. If you want to avoid trouble, listen, be polite, and answer their questions. The Fourth Amendment protects people from…

Police Use Coercive Tactics to Secure Drug Informants

September 28, 2015Drugs, Felony Uncategorized

A common technique for law enforcement is to use low-level drug offenders as “CIs” or confidential informants to help catch higher level drug dealers and suppliers. Often these cases involve a non-violent offender with little to no criminal history who gets caught with a felony amount of drugs. In Minnesota, a felony amount of marijuana is 42.5 grams or more (a little under an ounce) or any amount of any other illegal drug. After being arrested, but before charging, a detective or drug force task member will speak with the arrestee and offer a deal – “Be a CI and…

Bail: Misuse Leads to Coerced Guilty Pleas

August 26, 2015Felony, Gross Misdemeanor, Misdemeanor Uncategorized

Every person arrested faces the potential that they will have to pay some sort of amount of money in order to gain their freedom during the course of their ciminal case. If a person cannot pay their bail, or cannot come up with the money to pay a bail bondsman to pay their bail for them, they will remain in custody (jail) until their case is resolved. A few weeks ago, the New York Times published an article call the The Bail Trap. (I highly recommend reading it!) The article focuses on the consequences that can befall a person who is…

It’s All Hearsay…or Is It?

June 22, 2015| Assault, DANCO, Domestic Assault, Drugs, DWI, Evidence, Felony, Gross Misdemeanor, Misdemeanor Uncategorized

It’s All Hearsay! They don’t have anything. I often hear a client or potential client tell me that the police or prosecutor don’t have any evidence against them. “All they have is hearsay.” But what is hearsay really? Typical cases where hearsay is an issue are the ones where it is a “He said, she said” case such as domestic assault, assault, or criminal sexual conduct charges such as rape. Hearsay is not usually admissible as evidence at trial and lawyers can spend a lot of time arguing over what can and cannot come in as evidence. A simple question…

You hear it on TV and in the movies, “You have the right to remain silent…” But what does it mean?

April 22, 2015Assault, Domestic Assault, Drugs, DWI, Felony, Gross Misdemeanor, Misdemeanor Uncategorized

On more than one occasion, I have spoken to someone who tells me, “ They didn’t read me Miranda when they arrested me.” They think that this means that the arrest was bad and that the case will get thrown out. But, the Mirandawarning you hear on TV and in the movies has nothing to do with the validity of the actual arrest – even though it is almost immediately recited to the “perp” upon arrest in the entertainment realm. “You have the right to remain silent. Anything you say or do can and will be held against you in a court of…

Illegal to Refuse a Warrantless Search

February 11, 2015 Uncategorized

State v. Bernard – Much Awaited…VERY Disappointing. This morning, the Minnesota Supreme Court released its opinion in the much anticipated case of State v. Bernard. Many were hoping that the court would finally sort out the mess that has ensued in Minnesota courts since the release of Missouri v. McNeely by the U.S. Supreme Court. In McNeely, the Court overruled the current law in Minnesota. Minnesota had created a “single factor exigency exception” to the warrant requirement for alcohol tests in DWI cases – because alcohol dissipates over time in the blood stream, there is a “time is of the essence” reality in measuring the…

The Critical Difference Between a Disorderly Conduct and an Assault

January 22, 2015| Assault, Domestic Assault, Misdemeanor Uncategorized

5th Degree Assault and 5th Degree Domestic Assault are CRIMES OF VIOLENCE, while Disorderly Conduct is NOT A CRIME OF VIOLENCE. Although the statutory penalties are the same, up to 90 days in jail and/or a $1000 fine, the AFFECT ON YOUR LIFE AND LIVELIHOOD can be drastic. Crimes of violence can DISQUALIFY YOU FROM YOUR JOB OR LICENSE – EVEN A MISDEMEANOR OFFENSE and EVEN IF YOU DO NOT END UP WITH A CONVICTION – a plea or admission is enough. A person who is convicted of or admits to committing a 5th Degree Assault or 5th Domestic Assault…

You Don’t Have to Touch Someone to Commit an Assault

November 7, 2014Assault, DANCO, Domestic Assault, Misdemeanor Uncategorized

There are TWO DIFFERENT WAYS that the state or a police officer can CHARGE YOU WITH ASSAULT. The FIRST way is conduct that most people would call assault – HITTING OR STRIKING SOMEONE and causing him or her harm. The statute provides that a person is guilty of assault if that person “intentionally inflicts or attempts to inflict bodily harm upon another.” The SECOND way to be charged with assault involves less obvious conduct. The statute provides that whoever “commits an act with intent to CAUSE FEAR in another of immediate bodily harm or death” is guilty of assault. This…

I Was Pulled Over & I Have Been Drinking – What do I Do? (Part 2)

October 8, 2014DWI, Felony, Gross Misdemeanor, Misdemeanor Uncategorized

Whether to take a test is like picking the lesser of two evils. Charged if you do, charged if you don’t. To preface this post – I am ONLY TALKING ABOUT whether or not there is a way to avoid being CHARGED with a DWI AFTER BEING ARRESTED. I am NOT DISCUSSING whether or not a person will ULTIMATELY BE CONVICTED OF A DWI. These are TWO VERY DIFFERENT THINGS. How to advise someone about whether or not to take the test has been a difficult question to answer for over a year now. The short answer is that there is…

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