Arrests Don't Always Mean Convictions - Part 3

As I've gone on about before (and before,) just because someone is arrested - that does not mean that he or she will be convicted.  Upon a first reading of these facts - a driver crashes, has contact with someone who for all intents and purposes appears to be a police officer, is asked to have his blood tested to determine its alcohol content and refuses to do so - one would think that he's guilty violating Minn.Stat. § 169A.20, subd. 2 - which says that it is a crime if a driver refuses a request to take a chemical test to determine the alcohol content of his blood, breath or urine.

However, as the supreme court points out, that request for a test needs to be made by an actual police officer --- not just someone who holds him out to be one.

Granted, this issue is a novel one - and may not soon be repeated; however, this is exactly what keeps this country from becoming "police" state. 

If you're ever charged with a crime, you deserve to have every stone overturned, every fact examined and every issue analyzed.  Some people can do this for themselves, but just as you might not trust your next medical procedure to an untrained friend or family member - if you've been arrested, you owe it to yourself (and to your future) to contact an experienced Minnesota Criminal Defense Attorney.

Just because you've been arrested and charged does not mean that your fate is sealed.

Arrests Don't Always Mean Convictions - Part 2

Sometimes you have to keep fighting. If you lose at trial, you take your case to the court of appeals. If that court doesn't get it - then you take your arguments to the state's highest court.  As this story points out, sometimes you have to keep shouting until someone will listen.

Why?

Because if the cops have failed to do their job - within the rules established by the authors of the Constitution - then your arrest will not stand and you should go free.

Granted, this takes time, effort - and (all too often - a lot of) money. But, if your not guilty - you want to be vindicated - right?

When?

I think most people would agree - the sooner the better.

One way to ensure an earlier success than this poor young lady is to hire an experienced Minnesota Criminal Defense Attorney to look into your case for you. He or she should bring an extensive knowledge of what the government can and cannot do - and then review everything that happened to you through that lens; analyzing the police investigation, your arrest and even the prosecutor's handling of your case.

If it can be determined that something improper happened - like a bad stop or search , if your property was illegally seized or if your Constitutional rights were violated, your lawyer should seek to get the court to dismiss your case or ask the government to reduce the charges against you.

Sometimes that will happen before the case goes to trial - and other times it comes later --- but if you have the facts on your side - then law should follow. Hopefully that will happen sooner - rather than later.