Brandt Criminal Defense News

Anoka, MN.  Mike Brandt prevailed in challenging a District Court order granting $2,240 in restitution. The District Court Judge had previously ordered restitution at a sentencing hearing in a criminal sexual conduct case.  Mike sucessfully conviced the judge to sentence the defendant to probation but the judge ordered restitution in the amount of 2,240.  Mike objected to the restitution and filed a motion to vacate the restitution order, arguing that the person requesting restitution was not a victim under Minnesota Statute §611A.01.

Minnesota Statute §611A.01 requires that restitution be limited to a “person who incurs loss or harm as a result of a crime.” After carefully researching the issue, Mike successfully persuaded both the Judge and Prosecutor that the mother of the victim was not a victim under the statute for purposes of restitution. In doing so was Mike able to get the restitution order for the Mother vacated which reduced the restitution from over $2,300 to $112.

Mike’s research and arguments not only kept his client out of jail but saved his client $2,240. Mike’s diligent preparation and careful scrutiny of his clients’ cases again resulted in a favorable outcome for yet another client.

The internet is one of the most powerful and important advances of the 21st century allowing us to communicate in a way we never have before. However, the internet and widespread use of computers also brings plenty of disadvantages and opportunities for crimes including fraud, theft and criminal sexual conduct. If you are facing any computer or internet crime, you could be looking at a federal conviction and a World Wide Web of trouble.

Computer Crime Charges

There are a number of internet crimes out there, most of which involve white collar crimes or criminal sexual conduct. This can include computer fraud, computer hacking and identity theft as well as credit card fraud and credit card theft done through a computer. Internet phishing and promoting a computer virus are also considered serious offenses. Any unlawful internet business or internet schemes can also land you in prison. Criminal sexual conduct internet crimes include possession or distribution of child pornography and internet solicitation of a minor.

Internet crimes are usually considered federal crimes which means, if you are arrested for any cyber crime, you could be tried in a federal court and sentenced under the federal system. This means you could be facing severe fines and long term prison sentences in a federal institute. It also means, if convicted, you could lose a number of rights including your right to vote, your right to bear firearms and your right to have a passport. You may have trouble finding decent work with an internet crime conviction and, if you have committed an internet sex crime, such as distribution of child pornography, then you could also be registered as a sex offender.

Avoiding an Arrest

In many cases of computer and internet crime, you may be under investigation for several months before you are actually arrested. If you notice anything suspicious at work or with your computer, then it is a good idea to contact a lawyer just in case.

If you are accused of any computer crime, your personal computer may be taken off you. If you do try to delete any material or attempt to stop the search, you could also be facing an obstruction of justice accusation as well.

Defending Cyber Crime

There are a number of defense strategies one can take if under allegations of cyber crime. Because of the increasing computer crimes out there, the FBI is taking control with a number of monitoring devices. However, everyone can make mistakes, even the FBI and internal surveillance companies. You may not even realize that what you have done is a crime or the whole accusation could be one big misunderstanding. It is important to remain calm and in control if accused of any cyber crime.

Minnesota Defense Lawyer

Don’t let an accusation of internet or computer crime 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

Check forgery is a fraudulent act involving a check account. Check forgery will negatively impact a financial institute and thus, in most instances, is considered a federal offense. In some cases, check forgery will also affect a victim (if identity theft is used) as well as a business (if the check forgery is used in a business transaction). Regardless of the circumstances surrounding a check forgery accusation, it is important to understand what this means for your personal and professional life, your reputation and your future.

Instances of Check Forgery

Check forgery usually involves the following allegations:

• Forging signatures of checks. If you use someone else’s checkbook to pay for goods then you could be accused of check forgery. This is also considered identity theft and often happens in a business environment.
• Using dishonored checks. If the account has been made up or the account has been closed (and you are aware of this), then you could be under investigation for check forgery.
• Lack of funds – if you use a check from an account that does not have sufficient funds (and you are aware of this), then you could be accused of check forgery.
• Fraudulently ordering or producing checks. This is another form of identity theft that has serious repercussions.

Check Forgery Defense

There are a number of defense tactics to take if facing a check fraud or check forgery accusation. Make sure you contact an experienced fraud lawyer to discuss your situation and determine which defense is the most appropriate. You may want to consider:

• Insanity or intoxication – the inability to distinguish right from wrong
• Post dated checks –a check with a date after the date on which the check was presented is considered a post-dated check and may not be prosecuted criminally. The post-dating of the check creates an extension of credit, even if only for a day, and converts the case to a bad debt situation rather than a check fraud case
• Unaware of the crime – a guilty sentences means that you were intentionally aware of the crime. You may be able to reduce your sentencing and possibly walk away with a not-guilty verdict by explaining that you were unaware that what you were doing was wrong.

• If the crime was not premeditated but all just a big mistake you could also walk away with a reduced sentence.

Check forgery is considered a federal offense as, in most instances, the financial institute that suffers spans beyond state lines. What this means is, if convicted of check forgery, you will be facing the federal sentencing system which includes hefty fines, loss of certain rights and prison time in a federal institute.

Minnesota Criminal Defense

Don’t let an accusation of check forgery 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

Robbery arrests occur if someone takes personal property from another and uses force or threat of danger to do so. But what is armed robbery exactly? Armed robbery simply refers to a robbery offense involving use of a weapon. Most robbery allegations are armed robbery or aggravated robbery offenses, which involves the use of a deadly weapon. Robbery accusations often go hand in hand with additional crimes such as theft, burglary, assault or trespassing. This is not a crime that should be taken lightly.

Additional Robbery Charges

There are a number of different instances of robbery outside of armed robbery. Aggravated robbery, for example, involves using a deadly weapon or something that appears to be a deadly weapon while highway robbery takes place outside the home in a public area. Carjacking is another form of robbery which involves stealing a car from a victim by force.

If convicted of armed robbery, you could be facing up to ten years in prison and a fine of up to $20,000. For aggravated robbery, you could be sentenced with 20 years in prison and a fine of up to $35,000.

Instances of Armed and Aggravated Robbery

Armed robbery can happen anytime, anywhere. However, below are some of the common instances of armed and aggravated robbery:

• If you have broken into someone’s house, threatened them with a knife and stolen items from their jewelry box
• If you have entered a commercial residence, threatened the store worker with a gun and taken money from the cash register
• If you have threatened someone with a finger (concealed to look like a gun) at an ATM machine
• If you have threatened to hurt someone in a car if they do not get out of the vehicle

Armed Robbery Accusations

If you have been accused of armed robbery, then you will want to do everything in your power to clear your name. Why? Because an armed robbery conviction can negatively impact your entire life even after you have served your time. It is important to not only think about how this conviction will affect your present but also your future.

• robbery charges can make it impossible to find accommodation. Most landlords perform criminal background checks on possible tenants. It can be hard to explain an armed robbery offense and most landlords will not risk the safety of others and of their building
• robbery charges can also make it difficult to find decent work. Employers may classify you as a troublemaker and be wary of theft at the workplace, especially if the job requires interaction with money, customers or other valuable material
• robbery charges can negatively impact your ability to win additonal court cases, such as child custody
• robbery can affect to right to own firearms, to have a passport and, in some instances, to vote.

Minnesota Criminal Defense Lawyer

Don’t let an accusation of armed robbery 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

Trespassing is a serious property crime that suggests you have entered someone else’s property without permission. Trespassing often goes hand in hand with burglary which means you have entered someone else’s property and stolen (or attempted to) steal something from them.

Trespassing crimes are often mistakes – you may have wandered the wrong way, you may have been put up to the intrusion by a friend or you may be chasing after a lost pet. If you are accused or arrested of trespassing, however, the police officer may not see it that way. You will need legal representation to defend you in court.

What Constitutes Trespassing?

Trespassing allegations may be laid in the following instances:

· If you allow a domestic animal under your control to go onto the land or another within a city. For example, if you let your dog go to the toilet on the neighbor’s lawn, you could be facing a trespassing misdemeanor conviction if that neighbor calls the police

• If you interfere with a sign or monument marked to designate property lines. It may seem funny to steal the cones from a highway construction site but this is a criminal offense
• If you trespass on the premises of another and refuse to depart
• If you enter or are found on cemetery property when a cemetery is closed.
• If you enter the dwelling or locked building of another without consent
• If you enter the property of another to take fruit or vegetables growing there without consent.
• If you return to the property of another after being told to leave with the intent to abuse or disturb.
• If you enter a locked or posted construction site without consent
• If you enter a mining site without consent. Not only is this a misdemeanor offense but also incredibly dangerous.
• Gross misdemeanor offenses such as when you trespass and refuse to leave a place providing emergency shelter service for battered women or transitional housing for battered women and their children

Trespassing Conviction and Penalties

Trespassing is a misdemeanor or a gross misdemeanor offense depending on the circumstances. A misdemeanor trespassing conviction comes with up to $1,000 fine and 90 days in prison. A gross misdemeanor trespassing offense comes with up to $3,000 in fines and a one year prison sentence.

Juvenile Law and Trespassing

Trespassing is often a crime committed by those under the age of 18. If you are a juvenile and found guilty of trespassing, you will still be punished with a number of penalties. You may be looking at community service, house arrest, time in a detention facility, restitution to the victim or probation. What this means is that you may be required to work for free at the farm where you were caught stealing fruit or that you may need to spend your free time scrubbing toilets at the community center you broke into after hours.

Don’t let an accusation of trespassing 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