Brandt Criminal Defense News

In August, the City of Minneapolis charged Kelly Keegan’s client with a violation of Minneapolis City Ordinance 228.30(c)(3) – improper storage of firewood. The City of Minneapolis had claimed that her client had improperly stored his firewood less than eight (8) inches off the ground. After the initial appearance in Hennepin County District Court, Kelly contacted the City of Minneapolis Kelly to negotiate a deal. Kelly was able to negotiate a dismissal if the client removed the firewood from his property.
In addition to negotiating the dismissal of the criminal charge, Kelly was able to negotiate a substantial reduction in the client’s civil fines. The initial civil fines amounted to $5,500 but after negotiation the city agreed to reduce the fines S3,960. Kelly’s skillful negotiation not only saved her client thousands of dollars but resulted in a complete dismissal of the criminal charges.
City ordinance violations might seem insignificant, but they are no laughing matter. If not dealt with promptly, civil fines add up quickly and criminal sanctions carry a maximum sentence of 90 days in jail and a $1,000 fine. The Attorneys at Brandt Criminal Defense can help you negotiate the complicated legal proceedings and vigorously advocate on your behalf. This case is yet another example of how their experience and dedication has benefitted their clients.

Mike Brandt recently won a trial where his client was accused of operating an overweight truck on a restricted road.  Mike’s client was assessed a civil penalty of nearly $4,000 for the incident.  Mike argued to the court that his client was not given sufficient notice of the road restrictions and did not have an opportunity to turn around before the deputies stopped him.  The court agreed and awarded the county $0.

This case is another example of the vigorous legal advocacy provided by Brandt Criminal Defense.

There are several criminal offenses that could result in a felony conviction including arson, assault, manslaughter, murder, homicide, sex crimes, drug crimes and white collar crimes. In addition to the severe penalties and fines, including lifetime jail sentences and fines up to $1,250,000, there is usually also a lot of unwanted media attention surrounding felony offenses. The media love a legal scandal and you may suddenly find yourself the centre of unwanted interest.

Tips to Handling a Serious Felony Conviction

Remain quiet – it is human nature to defend ourselves from false allegations. The media and public use this human defense mechanism as a way to wind up defendants in an attempt to get a confession. Regardless of what has been said or what has been written, you need to simply sit back and stay quiet. You will have your turn to speak the truth but until then, it is best to take a back seat and try not to let the bumpy road of allegations get you down.
Continue with your day – try to stick to your routine as much as possible. If you are still working and feel comfortable in your position, then continue to go to work. This is often the best way to keep your mind off the upcoming court case. Try to establish a routine with your family. Pick the kids up from school, make a habit of having a family dinner and try to focus on activities that do not revolve around the court case. You may need to lie low for a little while and avoid the public eye as much as possible but this does not mean you need to live like a hermit. Remember, you are innocent until proven guilty and you have no reason to hide from this truth.

Avoid gossip – many of your neighbors and co-workers will want to speak to you about what has happened. Furthermore, many will want you to confide in them. It is important to avoid gossiping about the case. You never know who could turn against you, which is why it is best to avoid speaking about the case to anyone but your lawyer.

Felony Offense Legal Advice

Finally, when it comes to dealing with a felony offense, make sure you are 100% honest with your attorney. You might need to relive the events leading up to the arrest over and over again in order to get the story straight. This can be frustrating and traumatic in some instances but it is important to understand that your honesty is what will make or break your felony case. Make sure you choose a defense attorney that is not only qualified to defend felony convictions, but also compassionate and understanding in your needs.

If you or someone you love is facing a criminal conviction, then now is the time to step up and fight back. Contact St Paul criminal defense lawyer Michael Brandt at 763-421-6366 for a free, no obligation consultation.

Drinking while intoxicated is a common arrest on the Minnesota roads. The reason is because police officers are cracking down on all driving offenses in an attempt to stop the number of accidents on the road. It is important to be aware of the standard protocol in case you are ever pulled over. Even if you have not been drinking, you could still be asked to perform these standard DUI tests.

Types of DWI Testing

Breathalyzer – the breathalyzer is a standard test used to measure the blood alcohol content level. You will need to blow into a plastic mouth piece until you hear a beep. A machine attached to the mouthpiece will then measure your blood alcohol content. Under the state of Minnesota, anyone with a blood alcohol content of .08 or more can be arrested for drinking while intoxicated. Furthermore, those who blow over .2 may be facing even more severe charges and those who are under the legal drinking age can face a DUI arrest regardless of how much alcohol they have had.

Walking Test – another test commonly used by police officers is the standard ‘walk in a straight line’ test. If the breathalyzer is not available, then police officers will assess your state of sobriety by using additonal methods. In addition to the walking test, you may be asked to count backwards or to stand on one leg. You might even be asked to breathe on a police officer. These tests are meant to measure your sobriety. However, it is important to note that these tests do not necessarily prove anything and you are most certainly not considered guilty just because you stumbled.

Once you have been taken back to the police station, you may be asked to do even more sobriety tests including a blood test or a give urine sample. You are not required by law to do either of these tests. Instead of agreeing to take these tests, it is often best to ask to speak to a lawyer before continuing on. A qualified DWI attorney will be able to advise you on your best plan of action and help you determine if these tests will work in your favor.

Driving Under the Influence of Drugs

If you are caught drinking while under the influence of something other than alcohol, such as cocaine or marijuana, you could also be facing a world of trouble. There is a zero tolerance policy for illegal substances while behind the wheel. Those who display signs of drinking under the influence may need to take a urine test in order to prove their innocence.

Some of the signs that police officers will look for when assessing a drunk driver include erratic behavior, reckless or careless driving, speeding, swerving, avoiding traffic rules and slurring of speech. However, even if you do display any of these signs does not mean you are automatically convicted of a DWI offense. You are innocent until proven guilty.

If you or someone you love is facing a criminal conviction, then now is the time to step up and fight back. Contact St Paul criminal defense lawyer Michael Brandt at 763-421-6366 for a free, no obligation consultation.

Assault and battery criminal convictions are often based on a he-said/she-said case. Often the alleged victim will press charges without any evidence. However, this does not mean that the charge will be handled lightly.

Instances of Assault

There are a number of different assault charges, many of which are considered felonies. In addition to first degree, second degree, third degree, fourth degree and fifth degree assault, you may also be facing sexual assault charges, motor vehicle assault charges or domestic battery charges.

Furthermore, there are also several different types of non-physical assault charges including verbal or emotional abuse, intimidation through threats, knowingly transmitting a disease or putting something in someone’s drink. Any assault charge, however, can come with serious consequences which is why it is important to speak to a qualified criminal defense attorney about your legal options.

Common Defense Strategies

Every assault case will be handled on an individual basis and the judge will listen to the evidence and both sides of the story. When arrested for assault, it is imperative that you go into the court with a sound defense strategy. Below are three of the most common strategies used in assault cases:

Self Defense – in an assault case, you may be able to claim self defense. If you were afraid for your own safety and were protecting yourself, then you may be found not-guilty. For example, if you are accused of first degree assault but are found to have only been protecting your family from an intruder, then you may be able to avoid a criminal conviction.

Alibi Defense- the alibi defense is used in many cases and acts as a way to prove that you were somewhere else during the time the crime was committed and thus couldn’t possibly have committed the crime. Alibi’s often need witnesses to prove that you were where you claim to be. For example, if you are being accused of motor vehicle assault but you have three witnesses that are willing to testify that you were at the bar with them during the time of the crime, then an alibi defense will probably work in your favor.

Credibility Defense - another defense strategy often used in assault cases is the credibility defense. This defense looks at evidence pertaining to the credibility of the alleged victim. If the victim has a history of lying or problems in the past with this sort of thing, then this evidence may be used against him/her. This is especially useful when it is a he-said-she-said type of case.

The goal in any assault case is to try to minimize the usual penalty given for the type of assault. While a not-guilty verdict is the best outcome you can hope for, it is still possible to avoid a criminal conviction or serious penalties by using a number of other defense strategies as well.

If you or someone you love is facing a criminal conviction, then now is the time to step up and fight back. Contact St Paul criminal defense lawyer Michael Brandt at 763-421-6366 for a free, no obligation consultation.