Brandt Criminal Defense News

An Order for Protection is a type of restraining order normally filed in conjunction with an assault or domestic assault allegation. You will be required to stay a certain distance away from the alleged victim at all times. An Order for Protection is usually filed before you have been convicted of any assault charge which can be frustrating and aggravating to say the least. Because an Order for Protection automatically assumes you are guilty of the assault crime, many people are unprepared to handle this type of allegation. There are ways around an Order for Protection, especially one filed under unjust circumstances.

How an Order for Protection Can Impact You

An Order for Protection will ensure that you stay a certain distance away from the alleged victim. It is meant to protect the victim from further attacks while a court date approaches. What this means is that if the victim is your spouse, common law partner or mother of your child, you could also be forced to stay away from your home as well as your children. This can be frustrating to say the least. An Order for Protection can also negatively impact your ability to gain custody of your children if a divorce is pending which is why it is so important to clear your name of any assault charges and Order for Protection lawsuits.

Order for Protection Tips

When it comes to handling an Order for Protection, it is best to sit back quietly and allow a lawyer to handle the legal confusion. Of course, this is easier said than done. Below are some tips to dealing with an unjust Order for Protection:

• Whatever you do, do not violate the Order for Protection, regardless of how unfair it is. If you violate an Order for Protection, you could be looking at another criminal conviction and court date on top of the assault accusation.

• Surround yourself with family and friends and try not to think about how the restraining order is affecting your life. If you are unable to go home or see your children, try to focus on other aspects of your life instead. Spend time with your parents or siblings. Take some ‘down time’ to relax for the upcoming events.

• Do not do anything that will provoke your anger and emotions such as drinking, taking drugs or going to a bar. You want to avoid the public eye and any triggers that may raise your anger levels. You also want to remain in a clear state of mind. Mixing alcohol with an Order for Protection will only end poorly for you.
Your best defense against any Order for Protection case is to contact a qualified attorney right away. The sooner you contact a lawyer, the sooner the Order for Protection case will be analyzed and hopefully dropped.

Minnesota Criminal Defense Attorney

Don’t let an Order for Protection and domestic assault allegation affect the rest of your life. Protect your rights and reputation as well as your personal and professional life. If you or someone you love is facing a criminal conviction, then now is the time to step up and fight back. Contact Anoka criminal lawyer Michael Brandt at 763-421-6366 for a free, no obligation consultation

Anyone who has a criminal conviction will want to look into the matter of expungement. After all, if you can erase a criminal conviction from your permanent record, why wouldn’t you? The last thing you want weighing you down is your criminal history. Unfortunately expungement is not a simple process. Furthermore, not everyone can apply for an expungement of their criminal offense. However, below are some steps to determine if you should apply for expungement and what to expect from the process:

Is Expungement Right for You?

Expungement is the removal of any criminal records or information in court files, computers and other depositories. You may want to consider an expungement for certain convictions in the past as well as any arrests that have resulted in a non-guilty sentence. Your ability to qualify for expungement will depend on a number of factors related to your criminal conviction including the following:

• How long has elapsed since the offense? It is a good idea to wait at least two years before you petition to expunge a misdemeanor offense and longer for a felony offense. If it has been more than five years since your arrest, then expungement might be right for you.

• What type of offense have you committed? Some criminal acts cannot be expunged from your record, regardless of how much time as elapsed. This includes any criminal sexual conduct or sex crimes acts as well as any DUI offense. Felony offenses may be harder to expunge because of the seriousness of them. In general, misdemeanor offenses have a much higher chance of being taken off the public records.

• What have you done to prove you have changed? If you have remained out of trouble since your arrest, then you can apply for expungement. Furthermore, if you have obeyed the law as well as taken the measures to rehabilitate yourself and rejoin society, then you also have a good chance of being accepted for the expungement process. This may include participating in counseling, anger management training, community service and other rehabilitative measures. Your lifestyle, including your job and your accommodation, will also impact your likelihood of having a crime expunged.

Understanding the Expungement Process

Although the process of expungement deals with criminal records, they are considered civil lawsuits. While some expungement hearings are handled by the Minnesota Supreme Court, others are looked after in the Minnesota Court of Appeals. You can expect any expungement process to take around four months to complete. The steps to expungement include the following:

• You will need to file a formal petition for expungement

• Sixty days after the petition have been filed, you will attend a court hearing and submit an oral and written statement to the court discussing your reasons for seeking expungement

• The court will make a decision based on the evidence and the documentation you have submitted

Minnesota Criminal Defense Attorney

It is important that you seek legal representation when contemplating expungement for your past. Our attorneys will assess your case, determine if expungement is a viable option and, if so, help you with the documentation needed to succeed in having your crime expunged. If you are considering expungement, then contact Anoka criminal lawyer Michael Brandt at 763-421-6366 for a free, no obligation consultation

A sex crime conviction can feel like a ton of bricks have literally crushed you. Not only could you be facing serious fines as well as a long prison sentence, but there is also a negative social stigma that surrounds any sex crime accusation. You may find that colleagues, neighbors and members of the community all of a sudden do not want to know you. Your personal and professional life could suffer and this is all before you have even gone to court. As soon as you are accused or arrested under a sex crime allegation, you need to contact a lawyer. The quicker you get legal representation, the better off you will be before, during and after the trial.

Sex Crime Arrests

There are a number of crimes that constitute as a ‘sex crime’ including felony offenses such as criminal sexual conduct, rape, sexual assault and incest. Misdemeanor sex crimes include prostitution, indecent exposure and fifth degree criminal sexual conduct. Internet sexual acts, such as distribution of child pornography, are also classified as sex crimes. If you are convicted of any of these arrests you could be looking at fines, jail time and rehabilitation as well as a permanent criminal conviction and registration as a sex offender.

Facing Sex Crimes Tips

There is no right or wrong way to handle a sex crime accusation. However, below are a few tips to get you through the upcoming events as best as possible:

• Surround yourself with supportive family and friends and stay away from those who are not supportive. When you are looking at this serious conviction, your friendships will be put on the line. You may find that some of your closest friends do not want to know you anymore. Be prepared to lose relationships. Your true friends and family will stick with you and this is what matters the most.

• Avoid the limelight as much as possible. If your sex crime case is a high profile case, you may be getting unwanted media attention. You do not have to hole yourself up like a hermit but you might want to avoid public events and high-traffic areas for the time being.

• Avoid triggers than can make the situation even worse including drugs and alcohol. You may want to drown your sorrows in alcohol or drugs but this is not a good idea. You will end up making the situation even worse and doing something you could regret down the road.

• Try to live life as normally as possible. In some instances, you may want to continue working. In other instances, you may find it better to take a couple of weeks off to prepare for the case and spend some quality time with loved ones. It is up to you. Do things you enjoy doing to keep your mind off the case – go for a run, rent your favorite DVD’s, cook your favorite meals, go to the beach and try to stay calm and relaxed.

Minnesota Criminal Defense Attorney

Don’t let a sex crime arrest affect the rest of your life. Protect your rights and reputation as well as your personal and professional life. If you or someone you love is facing a criminal conviction, then now is the time to step up and fight back. Contact Anoka criminal lawyer Michael Brandt at 763-421-6366 for a free, no obligation consultation

Being pulled over on any road is scary enough without the added fear that you will be caught for underage drinking and driving. Under the state of Minnesota, anyone under the age of 21 caught with even a drop of alcohol in their system if behind the wheel of a vehicle can be arrested for a DUI. It does not matter if you have only had a sip or a beer at a party. There is no .08 blood alcohol content limit for those under the age of 21.

DUI Laws and Penalties

Driving a vehicle on the roads while drunk (or after you have been drinking) is bad enough. However, keep in mind that the drinking and driving laws do not only apply to the highways and roads. You can also be caught for underage drinking and driving if you are operating any type of recreational vehicle with alcohol in your system. This includes a boat, a jet ski, a golf cart, a snowmobile and an ATV. It might sound like a good idea to mix a couple of cocktails with a day out on the lake but this could result in a loss of license among other things.

If you have been caught for underage drinking and driving, you can expect a license suspension. You may also need to attend driver’s education and rehabilitation to ensure that you are not a risk on the road again. In some instances you may need to pay a fine. If the drinking and driving arrest was on top of additional arrests, such as in conjunction with a car accident, obstruction of justice, resisting arrest, speeding or open bottle law, then you could also be looking at community service or time in a detention facility.

Legal Advice for Underage Arrests

If you are pulled over and you have been drinking, you have the legal right to refuse a breathalyzer test. However, if you do refuse and are later found guilty of underage drinking and driving, you could be facing even more severe punishments. The best thing to do is you are pulled over for underage drinking and driving is to cooperate with the police officer. Remain polite and as calm as possible. You do not have to admit to anything or say anything about what has happened. In fact, it is best to keep quiet. You have the right to remain silent and this is one right you should always take. It can be very intimidating facing a police officer and you might accidently say something that could affect your case down the road. Contact an attorney right away to discuss your legal options and how you should proceed.

Minnesota Defense Lawyer

If you are facing an underage drinking and driving conviction, or if you have been arrested for underage drinking and driving, you will need legal representation. A drinking and driving conviction will remain on your record forever, negatively affecting your life down the road.

Don’t let an underage drinking and driving arrest affect the rest of your life. Protect your rights and reputation as well as your personal and pending professional life. If you or someone you love is facing a criminal conviction, then now is the time to step up and fight back. Contact Anoka criminal lawyer Michael Brandt at 763-421-6366 for a free, no obligation consultation

Mike Brandt recently obtained a dismissal of a charge of Underage Consumption where his client was at a party with several people under 21.  The police responded to the party, entered the house, and determined that Mike’s client had been drinking and issued a citation for Underage Consumption.  This charge had many possible consequences, as Mike’s client was on probation for a similar charge.

Mike conducted a thorough investigation of the case and presented the evidence to the prosecutor, who agreed with Mike and on the day of trial, dismissed the charge.

This is another example of the analysis, research, and preparation that Brandt Criminal Defense puts into their cases.