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Sherburne County Criminal Law Blog

When is a search warrant not required?

In order for authorities to search a person or property, they typically must have a search warrant or any evidence obtained through the search may be thrown out and cannot be used in criminal charges. However, according to the National Paralegal College, there are several exceptions to this rule.

The first exception occurs when a person is lawfully arrested. When this happens, authorities are permitted to search his or her person and the area within reach of the person. For example, if a person is arrested for DUI, authorities may be permitted to search the inside of the vehicle without a warrant, however, the trunk may be off limits.

What is a plea bargain?

Because going to trial to face criminal charges in Minnesota may be considered risky, many defendants may choose to enter into plea bargains instead. A plea bargain may occur during the defendant’s arraignment when the defendant is formally told of the criminal charge or charges he or she faces. The defendant is also informed of the maximum charge or punishment that he or she may face if the case goes to trial.

The prosecutor may present the defendant with the opportunity to enter into a plea bargain in which the defendant will either plead guilty to the original charge with a reduced sentence or plead guilty to a lesser charge.

1 in 7 licensed motorists in Minnesota have DUI conviction

Being convicted of drinking and driving in Minnesota can carry with it serious penalties that can vary from fines to jail time, depending on the circumstances and if it is the first offense. Those who have been arrested after being involved in a car accident where alcohol was suspected to play a role may face even bigger penalties, especially if anyone was injured or killed in the crash.

This is the case for a man who allegedly hit and critically injured another man in Minneapolis recently. The driver has underage driving and drinking and fourth degree drunk driving on his record and may face more charges for his most recent accident. 

Breath analyzers may produce false positives

Over 30,000 drivers are arrested every year in Minnesota for DWI, according to the Minnesota Department of Public Safety. Drivers can be arrested for DWI if their alcohol-concentration level is at or above 0.08. Commercial drivers can be charged with a DWI for a 0.04.

In order to determine blood alcohol concentration levels, breath analyzers are commonly used. However, according to a professor at State University of New York, research suggests that these analyzers could be giving false blood alcohol content level readings. It is believed that approximately one out of every four people tested with a breath analyzer receiver a higher BAC reading than what it actually is.

Man arrested in traffic stop faces drug and assault charges

Residents of Sherburne may know that arrests for drug related crimes have been spiking somewhat recently. Unfortunately for those who are arrested for drug crimes, the subsequent punishments can be quite harsh and include things like large fines or time spent in jail. These consequences may get more intense if other charges are piled on to the drug charge as well, which can be the case in some scenarios.

For example, one man is now facing a plethora of charges after being arrested during a routine traffic stop. The charges that the man is currently dealing with not only include the primary drug charge, possession and intent to resell a controlled substance, but also include charges such as attempting to resist arrest and second degree assault. This is because the man ended up injuring an officer during the course of the arrest.

The truth about synthetic drugs spreads faster than ever

Residents of Sherburne County may be aware of the fact that law enforcement and other groups have been working hard against drug related issues as of late. In particular, the synthetic drug problem that has popped up recently is now being addressed in much more thorough ways so as to help spread information and keep everyone informed.

One such method of informing the public is through a website that is designed to teach everyone about the dangers of synthetic drugs. This includes things like bath salts which, until recently, were available to the public through regular means of purchase. Synthetic drugs generally mimic the highs of other drugs like meth or cannabis, depending on what type is purchased. Some thought that they were safer because they were not illegal, but their dangers have become known in recent years.

Women arrested after meth found in heater

Though Sherburne is a mild place to live without a lot of big city issues, there are still some cases where alcohol or drugs may come into play. In the case of the latter, drug charges may be issued, which can have an even heavier impact than alcohol or DUI related charges and their accompanying consequences.

This may be the case for a pair of sisters who are facing drug charges currently. It was reported that they traveled to Grand Forks in order to complete a drug deal. They were arrested in the area. An electric heater that had been brought along with them to the hotel was searched by police, and hidden inside of it they found 15 baggies of meth which totaled to around 420 grams.

What to expect when you get a DUI

Some people who live in Sherburne may enjoy the occasional drink, be it at a weekend party or with some friends after a long day of work. However, it can become a little difficult to judge how inebriated a person is after drinking, which can lead to a DUI-related arrest if that person decides to get behind the wheel.

DUI related charges can result in hefty consequences even for first-time offenders. According to the Minnesota State Legislature, some of the things that may be expected from being charged with a DUI include:

DUI accident leaves passenger dead at scene

Many may have enjoyed the holiday weekend in Sherburne with barbeques, parties or indulging in a little social drinking. However, sometimes a person may end up drinking more than they think and could end up trying to drive despite being over the limit. This could end in DUI charges or even accidents.

One accident that occurred over the holiday weekend resulted in the death of one passenger despite the fact that the police were called to the scene quickly. This is because a nearby party camping at the central Minnesota lake ended up hearing someone calling for help and called 911 as soon as possible. However, the 29 year old passenger of the car in the wreck was declared dead at the scene after police arrived.

Chicken run: KFC robber foiled by stop sticks

The police of Sherburne County have likely seen their share of bizarre crimes. Some of the wilder ones may also end in the perpetrator facing traffic offenses due to the fact that some crimes end in attempted police evasion or even car chases.

This was the case with one robber, who showed up to a KFC while armed and demanded cash. Since a drawer of cash was found in his car after his arrest, it is suspected that this is what he came into the store for and what he left with. Reportedly, the man was spotted by police after leaving the scene of the crime and then led them on a chase. The chase came to an end when deployed stop sticks sent his car into a ditch.

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