February 14th, 2011
Whether you were convicted of DWI, careless driving, assault, drug possession, or any other offense, probation was likely a part of your sentence. In Minnesota, there are typically two types of probation, to the court and to community corrections. Generally, if the only condition of your sentence is to remain law abiding, you will be sentenced to probation to the court. In the alternative, if you have other conditions as part of your sentence, you will likely have to report to a probation officer with community corrections.
The specific conditions of your probation can be determined both by the judge when you are placed on probation and sometimes your probation officer. The conditions can be different in each case.
Some standard conditions of probation include:
- Having no similar offenses
- Obey all laws and orders of the court
- Reporting on a regular basis to your PO
- Being truthful with your probation officer
- Reporting any arrest immediately to your PO
- Not leave the State of Minnesota without your PO’s permission
- Not own, possess or use a firearm (if on probation for a felony offense)
Some common offense specific conditions of probation include:
- Attend anger management classes
- Comply with a no contact order
- A certain amount of jail time
- Paying restitution
- Remain free of drug / alcohol use
- Random drug / alcohol screenings
If you are accused of violating a condition of probation, contact an attorney to discuss your legal rights. Facing a probation violation on your own can be difficult and lead to dangerous consequences. If you or someone you know has been accused of violating probation, it is important to speak with a skilled defense lawyer. With expert representation by your side you can receive the best possible outcome. Kevin A. Sieben knows the latest Minnesota laws and has the experience that you need to protect your rights and help you move on with your life.
Tags: Conditions of sentence, Drug Crime, DUI, DWI, Lawyer, Minneapolis, Minnesota, Minnesota DWI Attorney, PO, Probation, probation officer, Probation to Corrections, Probation to the court, Probation violation
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January 28th, 2011
Under Minnesota Law, an officer is allowed to stop a vehicle so long as the officer has a reasonable legal basis to make the stop. An officer is allowed to stop a vehicle when they have actually observed a violation of the law. If an officer observes a violation of the law, such as speeding, careless driving, or even failing to signal a turn, you could be stopped.
Can I be Stopped When the Officer Didn’t Actually see any Violation of the Law?
Even if an officer has not actually seen a violation of the law, he may still be able to stop your vehicle. For an officer to stop you without first observing a violation of the law, the officer must have reasonable suspicion of criminal activity. Suspicion is deemed reasonable, if the officer had “specific and articulable” grounds to believe that a crime is about to be committed or has already been committed.
What if the Officer did not have a Valid Reason to Stop my Vehicle?
If a stop is deemed unconstitutional, any evidence obtained after the stop is inadmissible in court. The legal term for this is known as the “exclusionary rule”. Simply put, evidence obtained as the result of an illegal stop cannot be used in a court of law. If you were illegally stopped by an officer and then arrested for a crime, the evidence obtained against you after that stop cannot be used to convict you.
How can an Attorney Help me with a Stop Issue?
If a stop is reasonable can be a tricky question. Challenging the authority of a police officer can be difficult and formidable task. Having a good lawyer on your side, advocating your interests can mean the difference between a conviction and a dismissal. A skilled Criminal Defense Attorney can help you fight the assertions of an officer. An experienced trial lawyer knows the complex history of stop issues, and can use the law to your advantage.
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January 20th, 2011
If you or a loved one has been arrested for a DWI, “whisky plates” may be your next purchase. Whiskey Plates are specialty license plates that are issued by the State to help local law enforcement officers keep an eye out for those who present a high risk to reoffend. Additionally, a police officer is allowed to stop a vehicle bearing “whiskey plates” without any legal reason.
Whiskey plates are issued, and the previous plates impounded, in any of the following situations:
• A prior DUI (driving under the influence) within the past 10 years
• Driving with a blood alcohol level greater than 0.20 percent.
• DUI with a child in the vehicle
Aside from embarrassment and the hassle of being stopped more frequently by police, your family members may also have to drive with these plates. All of the cars owned by the offender are subject to the whiskey plate laws. If your vehicle is jointly owned, but driven only by your spouse, that vehicle must display “whiskey plates”. Any vehicles that are solely or jointly titled in the offender’s name, regardless of who actually drives that vehicle must have these “WX” or “WY” plates.
With the help of an experienced, DWI lawyer, you may be able to avoid driving with whiskey plates. Call Kevin Sieben today to discuss your options. Kevin will diligently work with you to fight your DWI or DUI arrest. Kevin can help you in your fight to prevent your plate impoundment.
Tags: Arrest, drunk driving plates, Drunk plates, DUI, DWI, Plates, Whiskey Plates, WX, WY
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November 19th, 2010
The number one question on most people’s minds after being charged with a DWI is, “will I go to jail?”. The answer to that question can vary depending upon the severity level of the DWI and the quality of lawyer you have fighting for your rights.
In Minnesota and most other states, DWI’s are enhanced, or made more serious, based on whether there are aggravating factors. The State of Minnesota takes into account whether you have had a prior DWI/DUI, whether you had a child in the vehicle, and whether your blood alcohol level was greater than a .20. In short, the more sever your DWI is, the more likely it is that the prosecutor will want some jail time if you are convicted.
To further complicate matters, the State of Minnesota has in place mandatory minimum sentences that specifically target those offenders with multiple DWI/DUI convictions. Even a second DWI conviction triggers a mandatory jail sentence of at least 48 hours in jail. As you can imagine, as the number of DWI/DUI convictions go up, so does the mandatory minimum jail time.
Even with mandatory minimums, jail time is never a guarantee. Having an experienced DWI attorney at your side, you may be able to avoid jail time even in the face of a mandatory minimum sentence. A DWI can be a complicated arrest for the police. If they don’t follow certain procedures the whole arrest can be called into question. A knowledgeable DWI attorney can also advise you about programs that may eliminate the mandatory minimums. Having someone who can guide you through the system often times is the difference between time behind bars and your freedom.
If you or a loved one have been charged with a DWI, DUI, BWI or any other alcohol related driving offense your first step should be to call Kevin Sieben Law. Kevin has handled hundreds of DWI’s/DUI cases. With each and every case, Kevin uses his experience to ensure the best result possible. For a Free DWI Consultation, call Kevin today at 952-224-2929.
Tags: Attorney, BWI, Driving Under the Influence, Driving While Impared, Driving While Intoxicated, DUI, DWI, Hastings, Jail, Kevin Sieben, Lawyer, Mandatory Minimums, Minneapolis, Minnesota
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November 18th, 2010
The first question that goes through most people’s minds when they are booked into jail is “How do I get out?” If you are not immediately released on your own recognizance, the first step to get out of jail is to get bail set. Bail is money given as collateral to ensure that a person released from custody will return to court on the assigned date. In order for bail to be set, a judge must issue an order setting bail.
How do I get a Judge to set bail?
In Minnesota, a defendant has the right to have a bail hearing within 36 hours of the arrest. However, this “36 hours” does not include the day of arrest, Sundays, or legal holidays. Because of this limitation, it is possible for a person to be held in jail for up to 5 days without bail being set.
If you are arrested on a weekend, you likely will not be released until the following Monday. However, if you hire a lawyer, the attorney may be able to get bail set prior to your official bail hearing. Many counties allow lawyers to contact the “On-Call Judge” to set bail. Often times, with the diligent work of an attorney, a person can be released within hours of his/her arrest.
How much will my bail be?
The Eighth Amendment of the United States Constitution prevents the State from imposing excessive bail. Generally, the more serious the crime, the higher the bail. However, courts consider a number of different factors when deciding to set bail. According to the Minnesota Rules of Criminal Procedure, judges can take into account the nature of the alleged offense, the weight of the evidence, the family’s ties to the community, employment, financial resources, character and mental condition, length of residence in the community, record of convictions, and if there have been any past missed court dates.
How do I pay bail?
Most counties in Minnesota only accept cash or check for bail payments. If you pay the bail, you will get your money returned to you after your case is completed. However, it is important to note that any fine that is given to you may be taken out of the bail money prior to the return.
If you do not have enough money to pay the full amount of the bail, there is another option. In Minnesota, a bail bondsman is allowed to post the money for you. In exchange for the bond company putting up their money, they generally charge a fee of around 10-15% of the total bail amount. This 10% -15% is not returned to you after the completion of your case.
Tags: Arrest, Assault, Bail, Bail Bonds, Bond, BWI, Controlled Substance Law, custody, Drug Crimes, DUI, DWI, Jail, Lawyer
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November 18th, 2010
The DWI breath test machine at the center of the Controversy
In recent weeks and months there has been a considerable amount of publicity regarding the “Source Code” for the Intoxilyzer 5000 EN (the breath test machine). In laymen terms, the Source Code is the computer code that tells the machine how to convert a breath sample into printed out result. The recent fuss surrounding the source code was due to the State’s failure to allow defendants and their experts access to this code. After years of litigation, varied court opinions, and even a Supreme Court ruling, the Source Code battle does appear to be coming to an end.
After losing several DWI’s, the State of Minnesota sued the Kentucky Corporation CMI who is responsible for the manufacturer of the Intoxilyzer. Eventually, the lawsuit was settled and CMI agreed to allow defense experts to examine and test the code. Subsequently, a Coalition of defense atorney’s united to consolidate the thousands of DWI arrests based on Intoxilyzer results.
Presently, there are thousands of Minnesota DWI arrests in limbo. The coalition’s experts have examined the code, and there is a court hearing scheduled to determine if it is functioning properly. After hearing from defense experts and the State’s experts, a Dakota County Judge will ultimately determine if the machine has been working properly.
If you have been arrested for DWI and would like to challenge the results of the Intoxilyzer it is important to contact a DWI lawyer who is at the forefront of the Source Code litigation. Kevin Sieben is an active member of the coalition of defense attorneys challenging the Source Code. Kevin has fought to get access to this code for numerous clients and is available 24 hours a day to discuss a Source Code callenge for your DWI or DUI arrest.
Tags: Breath Test, BWI, Drunk Driving, DUI, DWI, Intoxilyzer, Intoxilyzer 5000 EN, Kevin Sieben, Minnesota, Source Code
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September 8th, 2009
Get back on the road with Ignition Interlock
Minnesota has recently started a program which allows driver’s who have been cancelled or suspended, because of DWI arrests, an opportunity to regain their driving privileges. The Minnesota Ignition Interlock Program places a “breathalyzer” in the car of the suspended driver and will not let the vehicle start until the driver provides an alcohol free sample. Further, the device randomly tests drivers as the vehicle is traveling in order to ensure that the driver did not just have someone else blow into the machine.
If your driving privileges have been canceled or revoked the Minnesota Ignition Interlock program may be a great opportunity to get you back on the road. However, the Ignition Interlock program also has some down sides. Aside from the high cost of set-up and monthly maintenance, Minnesota often requires driver’s on the program to use the device for a considerable longer period of time than their licenses would generally have been revoked.
Minnesotan’s who have had their licenses suspended or revoked due to a DWI or DUI, should call a qualified and experienced DWI attorney to discuss the best way to handle their suspension. The Ignition Interlock program may provide a valuable way to regain your driving privileges, but there may also be other ways to achieve the same result without the hassle or cost of this program.
If you have questions about whether the Ignition Interlock Program is the right way to go, call Kevin Sieben today. Whether this is the first time you have been arrested for DWI/DUI, or the fifth, Kevin Sieben Law will be able to provide you with the best, most up to date information.
Tags: Attorney, Blog, BUI, driving privileges, DU DWI, DUI, DWI, ignition interlock, Law, Lawyer, License, Minnesota, Sieben
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