Manslaughter and murder are two very serious accusations that should not be taken lightly. If you have been arrested or accused for manslaughter, murder or homicide, then you are being accused of killing another human being. If you are convicted of a homicidal crime, then you could be facing 25 years to life in prison. It is important to seek legal counsel as soon as you are accused or arrested involving any homicide investigation.

Murder and Manslaughter

Manslaughter is defined as the killing of another person in a state of mind that is not as severe as murder. A manslaughter conviction may happen in a ‘heat of passion’ killing rather than an intentional homicide.

Murder, on the other hand, is the intentional and premeditated killing of another person. Although both murder and manslaughter are serious felony offenses, a murder conviction is often a lot more severe than a manslaughter charge.

Murder Charges

First degree murder is the most serious conviction you can receive and comes with 25 years to life in prison. In some instances you may be facing another criminal conviction on top of the murder charge. For example, if you have been accused of killing someone during a sexual assault, you may also be facing a criminal sexual conduct charge. If you have been accused of killing someone during a during a terrorism felony offense, while committing child abuse or a domestic assault, during a burglary, robbery, kidnapping or first or second degree arson, during a drive by shooting or in an attempt to commit any of the mentioned crimes, then you could be facing first degree murder charges.

You could be facing second degree murder if the murder is with intent but not premeditated and outside the manner of the first degree murder boundaries. Second degree murder comes with up to 40 years in prison. Third degree murder occurs if you kill someone without premeditation and without intent but by perpetrating an act eminently dangerous to others. Third degree murder comes with up to 25 years in prison.

Manslaughter Crimes

Manslaughter can be broken into a number of different categories and terms. It is important to understand what you are actually being accused of:

• Voluntary manslaughter – this accusation suggests that you have intentionally killed or caused serious injury to someone but the killing is not in the traditional sense of the word ‘murder.’ For example, if you have killed during a ‘heat of passion’ if you have witnessed a serious crime going on, then you could be facing voluntary manslaughter.
• Involuntary manslaughter – this accusation suggests that you have accidently killed someone. You had no intent to kill or cause serious injury but a death has resulted from your reckless behavior.
• Criminal Vehicular Homicide – this accusation suggests that you have killed someone on the road, usually due to reckless behavior behind the wheel including speeding, driving an unsafe vehicle, drinking while driving or driving while texting.

If you or someone you love is involved in any homicidal investigation, it is important that you speak to a qualified criminal defense attorney right away. With the right legal counsel, you could walk away with a not-guilty or reduced sentence.

Minneapolis Criminal Lawyer

Do not let a homicidal accusation turn into a criminal conviction. Our “Minnesota Criminal Lawyers” represent clients throughout Minnesota including the Twin Cities of St Paul & Minneapolis. Also serving Woodbury, Roseville, Richfield, Plymouth, Minnetonka, Maplewood, Maple Grove, Lakeville, Edina, Eagan, Coon Rapids, Burnsville, Brooklyn Park, Brooklyn Center, Bloomington, Blaine, Apple Valley, Anoka, St Cloud, and Mankato.

Contact Judith A. Samson Attorney at Law for your free initial consultation 24 hours a day, 7 days a week at 612-333-8001.

You could be facing an obstruction of justice conviction if you have interfered with any sort of police work. This can include work being done by the state and federal police, investigators, regulatory agencies, prosecutors or any other government officials. If you have been accused or arrested for obstruction of justice, contact Samson Law Firm today. We will work on your behalf to clear your name and ensure that this criminal offense does not end up on your permanent record.

Instances of Obstruction of Justice

There are many instances that could warrant an obstruction of justice arrest. Some of the cases we handle include, but are not limited to the following:

• If you have attempted to escape from a police officer
• If you have been involved in a police chase or fled from an arresting officer
• If you have resisted arrest
• If you have falsely reported a crime
• If you have threatened a subject of investigation
• If you have prevented an investigation with threats or blackmail
• If you have withheld information from the police
• If you have withheld documents during an investigation
• If you have provided false evidence to the police
• If you have tampered with evidence
• If you have tampered with a crime scene
• If you have attempted to destroy or destroy documents during an investigation
• Concealing a weapon used in a crime

There are a number of different defense strategies one can take when facing an obstruction of justice arrest. We will assess your situation to determine which the best defense strategy to take is. In many instances the whole situation could be a big misunderstanding. In other instances you may be completely innocent but just in the wrong place at the wrong time. Do not risk a criminal conviction.

When you have been confronted by a police officer you are most likely feeling intimidated and nervous without having done anything wrong. You will most likely want to do everything and anything to resist an arrest and walk away. Police officers know this and can sometimes use this power to trick you. If you have been arrested and would prefer to remain silent, then this is your right. Refusing to speak to a police officer is not an obstruction of justice. This is your legal right.

Obstruction of Justice Conviction

Often an obstruction of justice will result from another arrest such as drinking while driving, assault or white collar criminal investigation. Because of this, you can expect an obstruction of justice to cost you anywhere from $700 to $10,000 in fines.  Resisting an arrest is one of the more common obstruction of justice crimes we see which is considered a gross misdemeanor offense. You could be facing up to $3,000 in fines and/or one year in prison.

Minneapolis Criminal Lawyer

Do not let an obstruction of justice arrest turn into a criminal conviction. Our “Minnesota Assault Defense Lawyers” represent clients throughout Minnesota including the Twin Cities of St Paul & Minneapolis. Also serving Woodbury, Roseville, Richfield, Plymouth, Minnetonka, Maplewood, Maple Grove, Lakeville, Edina, Eagan, Coon Rapids, Burnsville, Brooklyn Park, Brooklyn Center, Bloomington, Blaine, Apple Valley, Anoka, St Cloud, and Mankato.

Contact Judith A. Samson Attorney at Law for your free initial consultation 24 hours a day, 7 days a week at 612-333-8001.

A white collar crime is usually classified as a felony offense and can come with serious consequences. Regardless of whether you have been arrested for embezzlement, bribery, exhortation, insider trading or a combination of all four, you could be looking at a long prison sentence if you do not play your cards right. So what can you do to avoid a criminal conviction?

Handling the Arrest

One of the worst parts about being arrested for a white collar crime is that, in most instances, the arrest will happen during the day at your place of work. One minute you are busily checking your emails and scheduling meetings and the next you are being guided out the door in handcuffs while your co workers stare in disbelief. It can be embarrassment and infuriating at the same time. Even before you have been to court, you are automatically labeled as a criminal and assumed guilty. The first thing you need to do is remain calm and polite. Avoid the stares and whispers from your coworkers and your neighbors and try to remain calm. Surround yourself with supportive family and friends and avoid talking about the events to anyone except your lawyer.

Contacting a Lawyer

Make sure you contact a good attorney with experience in white collar crimes. Every single white collar crime is different which is why you need to be completely honest about the events pertaining to your case. An experienced attorney will assess your story, speak to the other side, interview witnesses, gather evidence and look at the different defense strategies that will work for your situation. You may not have realized that what you did was a crime or you may have been framed. There are a number of strategies that will work in court.

Returning to Normal Life

The time in between the arrest and the court date can seem like a nightmare. You may feel like you are in limbo. You might consider taking time off work if you haven’t done so already. Lie low from the press and avoid any people or places that may set you off. You may feel the urge to defend yourself and explain your side of the story but this could end up backfiring in the court. Concentrate on the things in your life that make you happy – spend time with family, focus on a hobby or keep yourself busy with home improvement projects around the house.

Preparing for Court

As the court date approaches, you will need to practice what you will say on the stand. You should also try to make yourself look as nice as possible. For men, this means remaining clean shaven. Wear a nice suit to court. For females, this means covering up any offensive tattoos, avoiding excessive makeup and choosing a suitable outfit for the occasion.

A white collar criminal conviction is something we all want to avoid. For more information on how to handle this serious accusation, contact an experienced Minneapolis white collar criminal defense attorney right away.

Juvenile law is a whole separate branch of criminal justice in the state of Minnesota. Juvenile law refers to a crime committed by anyone under the age of 18. The juvenile system focuses on both punishment and rehabilitation to ensure that the youth does not continue down a path of criminal activity during his adult life.

Common Juvenile Crimes

Underage Drinking and Driving – if you are issued with an underage drinking and driving arrest, this means that you have been caught with alcohol in your blood stream while operating a vehicle. It does not matter if you have only had a sip of beer. If you are under the age of 21, there is a Not a Drop Law which means if any alcohol is found in your system, then you could be arrested.

Open Container Law – open container law means that you have been caught in a public place with an open bottle of alcohol. This is against the law for everyone but juveniles are often the main culprits of this crime. If you are caught drinking in a public area, such as a beach, a park, an outdoor concert or any other public event, then you could be facing an open container conviction.

Disorderly Conduct – disorderly conduct or disturbing the peace arrests usually happen in public places, such as on the street, at an outdoor event or at a party. Disorderly conduct means you are displaying offensive, boisterous or indecent behavior. This could include streaking, getting into a fight or screaming loudly late at night. In many instances, a disorderly conduct arrest will go hand in hand with an open container or other arrest for public drunkenness.

Shoplifting – shoplifting is a common juvenile offense. It could be because juveniles often do not have a steady income to pay for items or simply because they have been pressured by their friends to steal an item. Shoplifting may also occur simply because a juvenile is bored or because they have been dared. In some instances a shoplifting offense will be considered petty theft but in other instances, it could be considered grand theft if the amount stolen is over $400.

Handling a Juvenile Arrest

In most instances, your arrest will not only impact you. It will also negatively impact your parents. After all, they will need to attend court with you and will need to come up with their own discipline for you actions. They will most likely need to defend your actions to teachers, friends, family members and neighbors.

Furthermore, if you are convicted of a juvenile crime, then you will have this crime stamped on your permanent record. This can be accessed by future schools, employers and landlords making it harder to get accepted into good schools, find decent jobs and even find a nice place to live.

Minneapolis Defense Lawyer

The most important thing to remember when it comes to juvenile law is that there is a way to avoid a criminal conviction. Let an experienced juvenile defense attorney assess your case and determine the best strategy for your situation.

If you have been offered probation, then you are probably feeling on top of the world. In most instances, probation means that you do not have to serve all of your jail time as long as you follow the strict conditions set forth by the judge. Instead of spending your days in a prison cell, you will most likely be free to return home to your friends and family, as long as you adhere to strict conditions. But what happens if you fail to keep your promise to the courts. What happens if you violate your probation?

Instances of Violation and What to Do About It

Failing a urine screening test – if you have been arrested for certain drug crimes or for DWI then you might need to undertake a urine test every once and a while to ensure that you remain clean. This is usually offered as part as a rehabilitation program. Failing a urine test could suggest that you are back on the drugs or alcohol. However, urine tests are not 100% accurate and there are ways to prove this in a court of law.

Failing to attend meetings, sessions or failure to remain in contact with your probation officer – in some cases, you will need to stay in touch with certain counselors as part as your probation. You will also need to keep in contact with a probation officer. You may need drug counseling, driving lessons or anger management. You may also need therapy in certain instances. If you fail to show up for scheduled sessions, change your contact information or simply disappear without a valid excuse, then you will be violating your probation.

Failure to Pay Fines – in some instances, instead of going to prison, you will be required to pay fines, fees or restitution to the victim. Failure to do so means you have violated your probation. However, we all know how financial hardship can strike when you least expect it. In some cases, there is no financial way you can pay these fines. If this is the case, there are options to fight back and avoid a probation violation conviction.

Failure to Abide a Restraining Order – if you have been served with a restraining order or an Order for Protection, then you need to adhere to it, even if it is deemed unfair or inappropriate. This can be extremely hard, especially if children are involved or if a restraining order is causing you to avoid your home or place of work. However, in some instances, you may be accused of violating a restraining order when this is actually not the case at all.

Violating your Probation

Returning back to prison is most likely the last thing you want to do. However, this is usually what will happen. You may also face additional fines and other penalties.

Minneapolis Probation Violation Lawyer

Don’t accept defeat until you have discussed your options with an attorney. If you or someone you love has been arrested for violating probation, then contact an experienced probation violation attorney about your legal rights.

Getting hurt is never any fun. The last thing you want to do is spend your days in a hospital bed or at rehabilitation courses. However, some accidents cannot be avoided.  Furthermore in many instances, your insurance coverage will not be enough to cover the costs of the hospital bills and the financial losses you will incur from not being able to work. You should not have to suffer from an accident financially as well as physically and emotionally. In many instances, you will be entitled to financial compensation for your injury and losses.

Common Personal Injuries

Slip and Fall Accidents – slip and fall accidents are often referred to as premise liabilities. If you have an accident in a store, at a house or even on the street, you could be eligible for financial compensation.  Slip and fall accidents may only end up costing you your pride (if you fall in front of a large crowd). However, in some instances, a slip and fall accident can lead to broken bones, neck and spine injuries and even head trauma.

Car Accidents – car accidents happen all the time. This is one of the main reasons people choose to purchase comprehensive car insurance. However, many of us realize only too late that car coverage will usually not cover all the costs incurred from a serious car accident. Sure, your car may be repaired for free, but insurance generally does not pay for the time you will miss from work or the costs incurred by attending physical therapy. These are usually out of pocket expenses. However, they shouldn’t have to be, especially if the accident is not your fault.

Work-Related Accidents – in most workplaces, you will need to file a claim for any accident, big or small. Even a paper cut may need to be kept on file. However, it is the larger accidents that will cause the most damage. Common work related injuries include back and shoulder problems from heavy lifting, broken bones from large machinery, head trauma, neck pain and even death in some instances.

What to Do if you’ve Been in an Accident

Regardless of whether you have been in a car accident, a slip and fall accident, a motorcycle accident or a work related accident, you will need to get as much details as possible. This includes:

• Any additonal parties information, such as other drivers. Information includes any insurance, phone numbers, names and addresses.
• The name and badge of the police officer handling the accident
• Details of how the accident happened. Where did it take place? At what time? Who was involved? What was involved?
• Any photos of the damages. If you have a camera or a mobile phone camera handy, take pictures of the damage. If you have been in a car accident, take photos of the wrecked parts. If you have injured yourself with a slip and fall, take pictures of the scene and any bruises, cuts or scrapes you have incurred.

Minneapolis Personal Injury Lawyer

When it comes to fighting back from a personal injury, you will need to speak to a qualified personal injury attorney about your legal rights and what financial compensation you are eligible for.

Have you been arrested and are facing a court trial in the upcoming weeks? Regardless of whether you are facing a misdemeanor, gross misdemeanor or felony crime, you will need to put your best foot forward. Here is what you need to know about going to court.

Preparing for Court

Dress Appropriately – torn jeans and a Metallica t-shirt is not appropriate attire for court. You will want to make the best impression to the judge and jury which means you need to dress for success. Men should wear a suit while women should dress in business attire, such as a suit, pencil skirts, business dresses and blouses.

Seek Support – it is best to show up to court with a support system. This may include a girlfriend or a wife or your parents. It can also be useful to seek support through friends. When you are walking to and from court, grab the hand of a loved one. This will help soften your image to the media and hopefully the judge and jury as well.

Remain Quiet – if you are being bombarded by the press, wanting to know what is happening, it can be a little overwhelming to say the least. However, as tempting as it is to tell them to “mind their own business” or give them your side of the story, it is important that you remain quiet and ignore them. Let your lawyer do the talking for you. Instead, walk straight ahead and keep your mouth shut.

Practice, Practice, Practice – when you are put on the stand, you will need to answer several questions and explain your side of the story. The best way to prepare for these invasive questions is to practice. Go over your story, your speech and your statement. Think about hand gestures, eye contact and movements. Try to refrain from using vulgar language and instead focus on what you and your lawyer have recited. And, most importantly, do not get angry on the stand. Keep your emotions in check.

Before your Court Date

If there is a lot of media attention surrounding your court date, then you will most likely want to avoid the limelight for a while. You might consider staying home and laying low. Even if your arrest is not in the limelight, you will want to avoid any further crimes. This may mean avoiding alcohol or taking some time off work. It may mean avoiding certain people or places. Avoid the bars or other public events that may cause problems down the road. The last thing you want is a disorderly conduct or assault violation tacked onto your arrest.

St Paul Criminal Defense Lawyer

It does not matter what crime you have committed. From sexual assault to drug charges, from homicide to identity theft, you will need to ensure that you are seen in the best light possible. A Minneapolis criminal defense attorney is your best bet when it comes to preparing for court. Make the right first impression to those who will determine your future.

Identity theft in Minnesota is referred to as an act in which another fraudulently steals money or obtains other benefits by stealing the identity of another. The Minnesota identity theft statutes state that anyone who possesses, transfers, or uses the identity of another with the intent to aid, commit, or abet any unlawful activity, is an identity thief. The maximum penalty allowed depends on the amount of financial gain they obtained during the theft. In addition to the fines and the penalties that are imposed by the judge, restitution must be made to the identity theft victim.

Penalties for Minnesota Identity Theft

The penalties of identity theft in Minnesota range from a misdemeanor to a felony that carries a 20-year sentence. Whatever losses were incurred by the victim will determine exactly what penalty must be paid by the identity thief. The number of direct victims involved also determines the penalty.

As for how loss is defined, it is defined as the expenses incurred on the part of the victim that lead to the value obtained by the offender. The monetary loss threshold will determine the penalty. For example, a loss of $250 carries a maximum penalty of a misdemeanor. If the amount of the loss is more than $35,000, then a 20-year felony is the penalty. Nonfinancial crimes that do not have any financial loss and involves only one victim will be punished as a misdemeanor as well.

If there is more than one victim involved, even if there is no monetary loss to the victims, the penalty will be raised to a felony. The personal property of the offender is subject to forfeiture so that it can be used to pay back the victim. The property may be seized immediately.

Signs of Minnesota Identity Theft

If you suspect that you are the victim of identity theft, there are some signs that you need to look out for:

• Unknown charges on your credit card statements
• Money taken out of your bank account
• Phone calls or emails thanking you for a purchase
• New open accounts and/or credit inquiries that you didn’t do appearing on your credit report

If you see any of these signs, then you may be a victim and will need legal representation to assist you.

Been Charged with Identity Theft?

If you have been charged with identity theft in Minnesota, you will need representation to defend you in the case. There are a number of reasons in which a person may be accused of identity theft and a number of reasons in which a person may be innocent of such a claim. Even if there is guilt, there are areas of the law in Minnesota that will enable a powerful defense. Only a Minnesota criminal defense attorney is going to have that kind of knowledge of Minnesota state law.

Nevertheless, whether you have been a victim or you have been accused, identity theft is a serious crime in the eyes of the law and yields strict punishment when it occurs.

A gross misdemeanor in Minnesota can land a person in jail for up to one year and carry a maximum fine of $3,000. As for what constitute gross misdemeanor charges in Minnesota, they include third degree DUI or DWI, second degree DUI or DWI, repeat violations of an order of protection, repeat assaults, and a number of other offenses as defined by state law.

In many of these cases the city attorney will handle the case, but it may be necessary that the county attorney prosecute in other counties around Minnesota. As for what a gross misdemeanor is, it is an offense that is more severe than a misdemeanor, but not as severe as a felony.

What happens in court?

For those who have been charged with a gross misdemeanor in Minnesota, it is important to understand the court process.

Once arrested, a bail appearance is required. This is where the individual’s bail is set and the judge puts release conditions into place. If the defendant is unable to make bail, he or she may secure a bond through a bondsman or can stay in jail until trial, if a trial is necessary.

After the bail appearance, it is then time for the arraignment hearing that confirms that the defendant understands his or her rights and that the complaint is understood. This leads into the next hearing called the “omnibus” hearing, which involves challenging the evidence and probate cause that has been secured by the state. It is the job of the defense to prove that all evidence was obtained in an unconstitutional way and move for the charges to be dropped.

Once the issues are taken care of at the omnibus hearing, a pre-trial appearance is made. This is where the defense and the prosecution negotiate with one another. A plea deal may be reached and the defendant can plead guilty or not guilty. If a plea of not guilty is given or a plea cannot be reached, the case is then scheduled for trial. If convicted at trial, a sentencing hearing is set so that a jail sentence and/or fines can be imposed upon the convicted individual.

There are situations in a Minnesota gross misdemeanor case where the defendant can prove that they are the perfect candidate for probation rather than jail time.

Consequences

A gross misdemeanor in Minnesota can have stiff consequences. These consequences involve having difficulty finding a job, finding a place to rent, acquiring insurance, and much more. In other words, having a gross misdemeanor on a record can impact a person for the rest of their life.

If an individual wishes to have a gross misdemeanor expunged from their record, it can be quite difficult because one must be able to prove that they are innocent or that the evidence was gathered in an unconstitutional way. There are other windows within the law that a Minnesota criminal defense attorney may be able to use in these cases. It is actually ideal to have an attorney on the case from the beginning in order to reduce charges, reduce sentencing, or have the charges dropped all together.

Any time that someone interferes with any sort of work by law enforcement, federal or state investigators, prosecutors, regulatory agencies, or other officials, this is considered obstruction of justice in Minnesota. However, there are a number of other crimes in Minnesota that may fit under the category of obstruction of justice. Those crimes include:

• Fleeing a police officer
• Escape
• Witness tampering
• Interfering with a dead body
• Warning a subject that they are being investigated by the police

The following are the reasons why these acts are considered Minnesota obstruction of justice:

Fleeing a Police Officer

If an individual flees a police officer while in a motor vehicle or attempts to flee when the officer is acting lawfully, the perpetrator is guilty of obstruction of justice. They are interfering with the law being executed and this interference is a crime.

Escape

A person who escapes after being lawfully arrested, allows someone to escape when they have been lawfully arrested, escapes while under security in a hospital, escapes while on provisional discharge or when they have a pass, transfers an arrested person to another with the intent of escape, or any other act that results in the escape of a person who is lawfully in custody is guilty of obstruction of justice in Minnesota. This is also called “criminal escape” and is a serious crime.

Witness Tampering

Witnesses are useful in criminal trials or other trials when they must recall what it is they saw when a crime was committed. Any time that an individual threatens a witness in order to make them lie under oath, this is considered witness tampering. Under Minnesota state law, witness tampering is a form of obstruction of justice.

Interfering with a Dead Body

The scene of a death is considered a crime scene until proven otherwise. If an individual is caught interfering with the dead body, which consists of touching the body in any way or removing evidence from the body, this is considered interfering with a dead body. This interference can severely compromise a Minnesota criminal investigation. Interfering with a dead body in Minnesota may also consist of acts that are meant to mislead the coroner.

Warning a Subject under Investigation

If a person knows someone who is being investigated by the police and they warn that person that they are being investigated, this is obstruction. The point of an investigation is for the person being investigated to not know so that they can be caught in a guilty act. Even if the person being investigated knows about the investigation and details regarding the investigation are revealed to that party that should not be, that is also considered Minnesota obstruction of justice.

Any time that someone has been accused of obstruction of justice, it is important to employ the services of a Minnesota criminal defense attorney to gather evidence and either have the charges dismissed or reduced. This is a serious crime that can yield serious penalties that are based upon what the judge feels is appropriate.