Minnesota Governor Tim Pawlenty recently proposed an increase in sex offense sanctions – a measure that will double the maximum period of incarceration for First-Degree Criminal Sexual Conduct offenders from 12 years to 25 years.

Gov. Pawlenty stated that sex offenders present “a very serious challenge” and “need to be kept off the street for as long as possible.”

In the last ten years, there has been a 40 percent increase in imprisoned sex offenders. Pawlenty said the longer sentences would not affect those already in prison, but new offenders convicted of First-Degree Criminal Sexual Conduct would see their presumptive sentence jump from 12 to 25 years. State officials said the change would place Minnesota on the “aggressive end” of how states treat sex offenders. Read more about this at StarTribune.com’s posted article: Pawlenty: Keep Sex Offenders in Prison.

It’s common sense that nobody wants sex offenders roaming the streets where they have the opportunity to commit new crimes. The problem with this increase doesn’t sit with actual offenders but rather those accused of committing criminal sexual conduct who are innocent. Sex crimes in Minnesota carry an enormous stigma that is almost always impossible to overcome. Several, if not most, Minnesota counties are notorious for prosecuting sex offenses with little evidence – oftentimes the only evidence of wrongdoing is the word of an alleged vicim. This can be a frightening notion.

With all criminal offenses, everybody wants to see justice in the end. But how the State achieves those measures is what concerns defense attorneys. An end resulting in justice is a good thing but the means utilized should always be heavily scrutinized and challenged for the preservation of privacy and liberty.

Most first-time DWI offenders are charged with Fourth-Degree DWI.  This is a misdemeanor offense punishable by up to 90 days in jail and/or a $1,000 fine.  

Question: I was charged with DWI. Why do I have two separate charges?

Answer: In almost all DWI cases, persons are charged with (1) Driving While Under the Influence of Alcohol and (2) Driving With an Alcohol Concentration of .08 or More. The “Driving While Under the Influence” charge simply alleges that the driver’s ability to operate a motor vehicle was impaired by alcohol use, thereby putting the safety of others at risk. The “Driving With an Alcohol Concentration of .08 or More” charge is similar to the DUI charge but is more specific because it is measured by the driver’s blood alcohol concentration. If the driver is operating a motor vehile with a an alcohol concentration over .08, that driver is

Question: Can I still be charged with DUI if my test indicates a blood alcohol concentration of less than .08?

Answer: Yes. If a driver has a blood alcohol concentration of .08 or more, s/he will almost certainly be charged with both offenses.  But if a driver’s blood alcohol concentration is less than .08, s/he can still be charged with “Driving While Under the Influence of Alcohol” but probably not charged with “Driving With an Alcohol Concentration of .08 or More.”  

Question: If this is my first DWI, why am I being charged with a Third-Degree DWI instead of a Fourth-Degree DWI?

Answer: The two factors that can elevate a Fourth-Degree DWI to a Third-Degree DWI are:

1. Having an alcohol concentration of 0.20 or more as measured at the time, or within two hours of the time of the offense
2. Having a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender

Also, having a qualified prior impaired driving incident (a past DWI or implied consent conviction) within the ten years immediately preceding the current offense can enhance a would-be Fourth-Degree DWI to a Third-Degree DWI.

Question: If I decide to plead guilty to my DWI, what can I expect to happen?

Answer: The good news is that a first-time DWI offender probably will not spend any time in jail, even though the maximum sentence is 90 days in custody.  While there is no guarantee of this, most first-time sanctions include a fine (somewhere between $150 to $500), community service (between 1 and 5 days), an alcohol awareness program (such as a one-day DWI class), probation (typically 1 year) and completion of an alcohol use assessment and/or attendance at a MADD victim impact panel. 

Question: Now that I know what the consequences will be, why should I hire a lawyer?

Answer: The decision to hire an attorney is always wise.  While you may not think there are any defenses to your DWI case, an attorney may surprise you with positive news. The police do not always follow proper protocol, whether during an initial vehicle stop, administering a breath, blood or urine test, or informing you of your rights.  Whatever possible defense you may have, the only way you can truly beat your DWI case is to challenge it.  Without an attorney, this is almost impossible.

If you are facing a DWI charge and want to learn more about your options, contact DWI Defense Attorney Christopher Keyser direct at (612) 338-5007 for a free and confidential case evaluation. You can also send a direct email by filling out the “Free Consultation” box to the left of this page. Your important call or email will be answered 24 hours a day. 

An assault is a crime of violence against another person. Assault charges are pursued according to the seriousness of the injury suffered by the victim and the relationship between the victim and the defendant. As such, the more severe the victim’s injuries, the more severe the assault charge will be. If the victim has a particular relationship with the defendant, the charge can become a “domestic assault.”

Minnesota assault statutes contain six types of assault charges:

• First Degree Assault
• Second Degree Assault
• Third Degree Assault
• Fourth Degree Assault
• Fifth Degree Assault
• Domestic Assault

Some defenses to assault charges are consent, punishment, self-defense, defense of another, prevention of a crime and the defense of property.

To learn more about Minnesota’s assault laws or to discuss your case with Attorney and Law Firm Owner Christopher W. Keyser, call (612) 338-5007. We offer free and confidential case evaluations 24 hours a day.  You can also contact us by filling out the “Free Consultation” form to the left of this page.

In this economic recession, many defendants find themselves eligible for the services of a public defender yet weary of the attorney’s capabilities.  These state-paid attorneys, often called “public pretenders” are often unfairly branded as incompetent lawyers.  In reality, many public defenders provide outstanding services to the accused.  So if public defenders are so great, why should anyone hire a private criminal defense attorney?  Here are a few reasons…

Time.  Public defenders have increasing case loads, now more than ever.  Due to the economy, defendants are turning to public service attorneys over private attorneys because they cannot afford the fees.  As a result, public defenders get stuck with too many cases to handle, driving down the quality of their representation.  Oftentimes a public defender will not even look at your case until you arrive to court.  The attorney may not want to fully explore your defenses or may simply convince you that the first offer is a “great deal” so he or she can tackle the dozens of other cases after yours.  

Choice.  You do not get to choose who your public defender is.  A large part of hiring private counsel is the ability to screen for an attorney who makes you feel comfortable.  Being charged with a criminal offense is never a pleasant experience.  As such, you need an attorney who will put you at ease and make you feel comfortable in making the decisions affecting your future.

No Implied Consent Representation.  If you are charged with a DWI, a public defender cannot represent your implied consent challenge (also referred to as the “civil” side or the “license” portion of a DWI case).  The only way to recover your suspended license is to hire a private attorney.

It is common sense that everyone wants a skilled lawyer to handle their case.  Oftentimes clients feel that they have no choice but to team with a public defender because private fees are simply too high.  Our law firm has the reputation of providing exceptional legal defense at competitive rates.  We also offer flexible payment plans to our valued clients.  Speak to our managing attorney directly at (612) 338-5007 for a pressure-free case evaluation or simply fill out the “Free Consultation” form to the left of this screen.  An attorney will respond to you within 12 hours.