November 2nd, 2009 by Judith Samson
Did you know that DWI laws do not only happen on the roads? You can also be charged with DUI when operating recreational vehicles such as an ATV, a boat, a snowmobile and even an airplane. However, most DWI arrests in Minnesota take place on the road. The state police are cracking down on drinking and driving and thus more and more people are being arrested with a DWI.
DWI- driving while intoxicated or DUI – driving under the influence- also does not only mean drunk driving. If you are under the influence of any type of drug, you can also be arrested and convicted.
How DWI Charges Work
If you have been arrested with a DWI, then you are most likely confused by the accusation you have been given. Essentially, there are four different degrees of DWI arrests which will vary depending on the severity of your situation. There are three aggravating factors that will push your arrest into a higher degree of conviction. These factors include:
- The level of alcohol in your body. If you have an alcohol concentration of .20 or more, then you will most likely be charged with an aggravating factor.
- The number of DUI convictions you have had in the past. If you have been convicted with a DWI offense within the ten years preceding the current offense, then you will be arrested with an aggravating factor.
- Passengers in the vehicle – if you have a child under the age of 16 in the car when you are given the current offense, then you will be arrested with an aggravating factors
Aggravating Factors and DUI Charges
There are four degrees of DWI offenses. They are as follows:
- First Degree DWI – if you commit a violation within ten years of the first three or more drunk driving incidents or if you have been convicted of a DWI felony in Minnesota. This is the most severe instance of DWI charges.
- Second Degree DWI – if you have two or more aggravating factors present during the time of your arrest;
- Third Degree DWI – if you have one aggravating factor present during the time of your arrest.
- Forth Degree DWI – if you have a BAL of .08 or higher or are under the influence of a drug and are operating a commercial or recreational vehicle.
Handling DWI Arrest – St. Paul DWI Lawyer
A DWI conviction can affect more than just your driver’s license- it can cost you a hefty fine, time in jail and can destroy your work, family and personal relationships in the process. If you have been arrested for a DWI offense, regardless of whether it is a first degree or a forth degree offense, you need to act fact. For a free consultation 24 hours a day, 7 days a week, contact Samson Law today at 612-333-8001 for a consultation with the best St. Paul DWI lawyer. Judith Samson has been defending DWI cases for over ten years and can ensure you get the best outcome possible in regards to your DWI arrest.
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November 2nd, 2009 by Judith Samson
One in eight of all Minnesota drivers have been arrested for drinking and driving. This is an astonishing 12% of the Minnesota driving population. What these numbers suggest is that the Minnesota law enforcement is cracking down on drinking and driving with multiple DUI arrests to show for it.
DWI Minnesota Statistics
In 2006, there were:
- 41,951 motorists arrested for driving while intoxicated in Minnesota
- An average of 115 DUI arrests per day
- 3,688 drunk drivers involved in motor accidents
- 3,500 injuries due to drunk driver accidents
- 116 deaths due to impaired drivers
DUI drivers in Minnesota are
- 76% male
- Over 50% 20-29 years old
- Over 10% underage
- Over 50% arrested on a Saturday or Sunday
- 60% first time offenders
- 38% had multiple arrests for drunk driving
Avoiding DWI Charges
Of course, the smartest thing to do if you have been drinking, even if it is only a beer after work, is to take a cab or get a ride home with a designated driver. Even if you have only had one drink, this could put you above the legal BAL limit of .08 (.02 for young drivers). If you know you are in for a big night, arrange a ride ahead of time. Even if you have to pay an extra $20 for cab fare, you are saving yourself (and others on the road) from an accident waiting to happen. Your smartest option is to avoid the complications and the risks involved in getting behind the wheel. Period.
However, as the statistics prove, this is not always the option we choose to take. If you have been arrested or accused with a DUI, it is important that you get the legal representation you need to overcome this arrest and avoid criminal conviction
Minnesota DWI Convictions
A lot is at stake if you are convicted of a DUI, regardless of whether it is your first charge or your fifth. If it is your first DUI conviction, you can expect your license to be suspended, you will be fined up to $1000 and/or spend 90 days in jail. If this is your second conviction, you could face up to 180 days suspension, up to $3000 in fines and up to one year in prison. With each DWI conviction, you will continue to face harsher penalties including license suspensions, prison time and fines. You may also need to attend treatment and rehabilitation and could be charged with a DWI felony which comes with up to 7 years in prison and a $14,000 fine.
Your best bet if you have been arrested with a DUI is to contact a professional DWI attorney in Minneapolis. Samson Law have been handling DWI cases for over 10 years and can assess your case and provide you with aggressive representation during this stressful situation. Contact 612-333-8001 for a consultation with Judith Samson. Your smartest defense against a DUI charge is Samson Law in your corner.
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November 2nd, 2009 by Judith Samson
Identity theft sounds like something that can only happen on the movies but, in reality, this crime occurs more often than you may realize. With the widespread use of the internet and the trusting nature of our society and our financial institutes, everyone is not only at risk for identity theft, but also at risk for being accused of this crime.
Charges of Identity Theft
If you have been charged with identity theft, the most common punishments include prison time and/or severe fines. This will vary in severity from $1000 fine and one year in prison to $10,000 in fines and five years in a state prison. Additional charges that could occur from identity theft include court-ordered counseling, community service and probation. If you are convicted of identity theft, then your crime will depend on a number of factors including your criminal history, the monetary value of the stolen goods and your legal representation.
Complications of Identity Theft
In addition to this, if you are charged with Minnesota identity theft, then this little black mark will go on your personal record, affecting many aspects of your life. In some instances, you may not be able to travel overseas or apply for a mortgage. Many credit report companies do not look too kindly to those convicted with identity theft. Because of this, it is important that you get the legal representation you deserve and need during this difficult accusation.
Furthermore, if you have been accused of identity theft, such as credit card theft, over the internet, then you may be charged in federal court. After all, the internet spans across the world and thus your crime may not simply be held punishable in the state of Minnesota, but in the nation of the United States. If this is the case, then you face even stricter punishments if you are found guilty.
Contacting An Identity Theft Lawyer In Minnesota
Being arrested for any criminal activity is beyond scary. Your face may feel as though it is on fire; your stomach will drop down to your feet; and your entire body temperature will rise a few degrees. So how can you keep your cool when the heat is on?
First of all, keep quiet and calm. Let the arrest occur and walk away with your head held high. Do not demand the police listen to your story; in fact, do not say anything at all. If the accusation is a case of a simple misunderstanding, it is still smart to keep quiet and tell your story to an experienced MN identity theft lawyer instead of risking your statement be used against you in the court. As soon as you get the chance, contact Samson Law for legal representation at 612-333-8001.
Judith Samson has over 10 years experience both in and out of the courts and understands the implications and legal procedures of identity theft cases in Minnesota. With Samson Law, you will receive aggressive representation, friendly service and personal confidence that you are receiving the best legal support possible.
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November 2nd, 2009 by Judith Samson
Credit card theft is one of the most common types of theft in the 21st century. Why? For one, with the rise of the internet, more and more people are using their credit cards online to purchase everyday items. This means their information is more at risk than 50 years earlier. Furthermore, credit cards are constantly competing for your business and thus many credit cards offer large limits and cash back terms that allow thieves to get away with stealing a large sum of money. And, finally, when it comes to using a stolen credit card in stores, many employees will forget to take notice of the signature or ask for ID when using a credit card. What this means is that it is easier than ever for credit card theft to occur.
However, what this also means is that the United States, including the state of Minnesota, is cracking down on credit card and other identity theft by establishing even more stringent punishments for those charged and convicted of credit card theft.
Credit Card Theft Concerns
So what is credit card theft? Many people who are arrested of credit card theft do not even realize that what they have done is against the law. Essentially, if you have committed the following acts, then you could be accused of credit card theft, regardless of the monetary value involved in the case:
- If you have obtained, signed, used or forged someone else’s credit or debit card information, even if this person is a friend or relative
- If you have taken someone else’s credit card or debit card without him knowing
- If you have used your own credit card knowing that it expired or that the funds in the account are insufficient
- If you have used your own credit card knowing that it is connected to an overdrawn or inactive account.
- If you have used a credit card knowing that the card was stolen
- If you have been involved in stealing or producing illegal credit cards
- If you use someone else credit card or debit card information to buy goods online
Credit Card Theft Consequences
Credit card theft can either be considered a misdemeanor or a felony depending on the amount of stolen goods in question. You may be faced with severe penalties including large fines and jail time if you are found guilty of credit card theft in Minnesota.
Of course, there are emotional consequences to your actions as well. You may be faced with years of shame for your actions. You may have trouble supporting your family, especially if you are facing jail time. You may be plagued with guilt, with embarrassment or with anger. You may notice your friends are changed their attitude and that it is harder than ever to maintain a stable job.
Minnesota Theft Defense Lawyer and Advice
Theft, credit card or otherwise, is no joking matter which is why you need to contact a Twin Cities theft defense lawyer as soon as you have been accused of credit card theft. Contact Samson Law at 612-333-8001 to discuss your legal case and understand your options for the best possible outcome.
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November 2nd, 2009 by Judith Samson
More and more juveniles are being tried for cases involving theft. Although the reasons for this are unknown, it would appear that teenagers are more likely than other age groups to be caught shoplifting and committing other petty crimes. This could simply be because they do not have the income to support their shopping habits or it simply could be because they are giving into peer pressure or rebelling against their parents and society. Whatever the case, being arrested for a juvenile theft crime in Minnesota can not only come with devastating consequences for the juvenile in question, but also for the entire family.
Theft Crime Support for Parents
If your son or daughter has been accused of a theft crime in Minnesota, it’s important to understand two things:
First and foremost, understand that you are not alone and that this is not your fault. Although it may seem like everyone is watching you and judging you on this situation, you need to remember that we all make mistakes. You also need to be as supportive as possible to your son or daughter during this trying time. Take one day at a time and make sure you work together, as a family, to overcome the obstacles. The supportive parent is the most important role you can play right now. Leave the rest to an experienced Minnesota theft crime lawyer.
Secondly, you will need excellent representation for your teenager. It is not the responsibility of the parent or the child when it comes to the legal implications of theft crime. So, instead of stressing about how to handle what has happened, leave it to the experts.
Support for Accused Juveniles
If you have been accused of a theft crime, whether this is something as petty as stealing a chocolate bar from a store to stealing money out of the till at work, you need to remain calm. Unfortunately your age may not be enough to say you and in many instances, juveniles are still charged and convicted for theft, even petty theft. You may get a warning but you may not. Even first offense cases are punishable by a small fine and one year of probation for juveniles. Furthermore, you will have this crime on your criminal record forever, haunting you later in life when you apply for college, need a car loan, or want to purchase a house. With the right defense you may be able to walk away without a fine or a charge which means you are free to live your life as if nothing ever happened.
So what is your best defense?
Minnesota Theft Crime Lawyer
The most important thing you can do is contact a criminal defense lawyer. Judith Samson will work on your behalf, assess your case, provide confident and friendly assistance and support and work towards the best outcome possible. Contact me today 612-333-8001 to see how Samson Law can help you out during this trying time.
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November 2nd, 2009 by Judith Samson
Many people are surprised to learn about the statistics surrounding theft crimes in Minnesota. Although theft and larceny have a number of different criminal activities under the umbrella, some of the most common types of theft include shoplifting, employee theft and auto theft.
Did you know?
- In 2008, there were over 112,000 cases of larceny and theft in Minnesota. This is an increase of over 400% from 1960.
- The most common property crime in America is shoplifting with 1 in every 11th person admitting to shoplifting at some point or another
- Employee theft is also a very serious theft crime in Minnesota that increased by 15% each year.
- Nearly one third of all employees have committed a degree of employee theft before.
- Shoplifters steal over $20 billion worth of goods from retailers each year while employee theft accounts for $40 billion of losses each year.
- There were over 10,000 cases of vehicle theft in Minnesota in 2008.
The Reactions to Theft Crimes in Minnesota
Because of the rise of theft across the United States, more and more businesses and individuals are doing what is necessary and protecting their property from theft. You may notice more stores with security guards at the doors and more video cameras installed. You may also notice more people including anti theft devices and alarm systems on their cars. Corporations and large businesses are hiring internal security staff and establishing departments for internal affairs to monitor their employees in case of any suspicious activity. While the crime rate for Minnesota theft have actually gone down, as a whole, in recent years, this Big Brother attitude has also increased the number of theft crime arrests in Minnesota.
Handling a Theft Crime Arrest
Being arrested for a theft crime can be one of the most daunting things in the world. You may feel sick to your stomach; you may feel violated and angry; you may feel ashamed or scared. Many people who are arrested with kick and scream while others will break down and cry, regardless of whether they have actually committed the theft crime or not. But what is the right reaction to a theft crime arrest? What should you do?
Essentially, there are three ways you should handle a theft arrest in Minnesota. First of all, try to remain as calm as possible. Yes, being arrested is embarrassing and awkward and aggravating but the more wound up you get, the worse off you are going to look to the courts.
Second of all, keep quiet. Do not admit to anything; do not try to explain your side of the story; and do not scream about the injustice. You will have a chance to tell the truth but, if you are arrested or accused of a theft crime, you need to keep quiet until the time is right.
St. Paul Theft Criminal Lawyer
Finally, and most importantly, contact a St. Paul theft crime lawyer. A criminal defense lawyer will be able to assess your case, interview key witnesses gather important evidence and support you along the way.
Contact Judith Samson today at 612-333-8001 24 hours 7 days a week for a consultation with an experienced, aggressive and professional theft lawyer.
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November 1st, 2009 by Judith Samson
Many people in Minnesota are surprised to hear the numbers behind violent crimes in their state. In 2008 alone, there were 3,345 cases of violent crime which works out to a state crime rate of .520 per capita. This is .142 points higher than the national average and also quite a scary thing to think about. In regards to assault crimes in Minnesota, in 2008 there were 1,755 reported cases of aggravated assault – .273 cases per capita- which is, again, higher than the national average. These numbers suggest that Minnesota law enforcements are cracking down on assault and other crimes which mean that more and more people are faced with assault accusations on a daily basis.
The Assault Accusation
Assault is an accusation that you have caused harm, or attempted to cause harm to someone else. There are a number of different assault cases and degrees of severity depending on your situation. You most likely have seen cases played out on the news and on television regarding assault convictions. You may even know someone who has been convicted of assault and is now serving time in jail. It is important to remember that no two assault cases are the same and thus you will be granted a fair trial to explain your incident to a jury or judge.
Although assault convictions can lead to serious consequences including prison time, hefty fines, community service, rehabilitation and counseling and payment to the victim, you will have your chance to tell your story and defend your legal rights. The most important thing to do if you have been accused of assault is to remain calm and civil.
Family Support is Best
If someone you love has been arrested for assault, you may feel like the world has stopped. It may seem like everyone is watching you as you shop for groceries and that your friends and neighbors are constantly talking about you behind your back. For the sake of your loved one, you need to remain calm, supportive and as normal as possible during this trying time. Continue with life as if nothing has happened and offer your undying support, attention and commitment. Be an excellent listener and communicator and work together as a team. Family support is of utmost importance during any assault case.
Getting the Help you Need from a MN Assault Lawyer
The best thing you can do for your assault case is to rely not only on your family for emotional support, but also on a defense lawyer for legal assistance. Samson Law has been handling assault cases for over ten years and understands the different legal procedures and defense strategies that will work. Judith Samson can provide you with excellent legal advice and aggressive representation when you need it most. Do not suffer through this trying time alone. As soon as you are accused of assault, contact MN assault defense lawyer, Judith Samson at 612-333-8001 for a free initial consultation. The quicker you act the better for your case, your future, and your family.
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October 9th, 2009 by Judith Samson
Minneapolis Assault Defense Attorney -Assault and Domestic assault charges:
Assault and domestic assault ranges in degree from 5th degree, a misdemeanor, to 1st degree assault, a felony. They vary in degrees based on the injury inflicted, weapon used, prior record of defendant and many other factors.
I just had a client ask me “why can they charge me with assaulting this person if I never laid a hand on them?”. This is not an unusual question. In fact, there is often confusion why a person can be charged with assaulting another if they did not cause harm or inflict injury. The reality is you can be charged with assault if you merely cause fear in another person.
(1) With intent to cause fear in another person of immediate bodily harm or death; OR
(2) Intentionally inflicts or attempts to inflict bodily harm upon another.
1st degree assault is always a felony. This charge has a presumptive commit to prison. First degree Assault involves great bodily harm or use of a deadly weapon against a peace officer or correctional employee.
It is imperative to hire a lawyer if charged with any degree of assault. These cases are both enhanceable and often will impact your entire future if not handled properly with legal representation. My goal as an attorney is to resolve a case in such a way to have the least amount of impact on my client’s life and future.
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