Skip to content

Not Guilty In Minnesota

“Answers To Minnesota Criminal Law Questions”

May 20, 2013 New Bail vs. Bond

Mankato Criminal Lawyer

When a person is arrested or charged with a crime a court date will be set.  At the first court date a judge will set conditions of release and bail in two amounts.  The higher amount will allow an individual to be released without conditions that need to be followed to be released.  The second lower number will allow release but only if the defendant agrees to follow conditions of the court.

For example John Smith is arrested for 3rd degree DWI.  At the first hearing the judge agrees to release Mr. Smith without conditions if he can post $12,000.00 or $1,000.00 if Mr. Smith agrees to be on an alcohol monitor.

Bail

Mr. Smith has the decision of either posting bail by bringing cash or a certified check for $12,000.00 or, if he is willing to agree to the release conditions, $1,000.00 to Court Administration.

If you post bail, the


Bond money will be returned to you at the end of your case minus court costs and fines, as long as you follow the rules of court.  If you miss court or break the conditions of release the court can forfeit your bail.

The second option is contacting a bail bondsman.  A bail bondsman will provide a bond to the court in return for a payment from the defendant or someone on his behalf.  Bail bondsman typically charge between 10-20% of the cost of the bail posted.  For example, Mr. Smith would need to pay the bail bondsman between $1,200.00 and $2,400.00 to be released without conditions.  If Mr. Smith was agreeable to conditions of release it would cost between $100 and $200.   If your bail is posted, the bondsman will keep the money paid in exchange for providing the bail at the end of the case.  You do not receive a refund or court costs paid like bail.

Each of these methods will allow a defendant to be released from jail.  Which one is utilized is up the defendant and his attorney.

Tags: , ,

March 5, 2013 Hoffner Wants his Child Porn Charges and Reports Sealed

Hoffner Part…3?

The Todd Hoffner child porn case is the case that just keeps on giving, to the news media and pundits that is.  As everyone around Southern Minnesota knows, the case involved the head football coach for Minnesota State University-Mankato, who was

Mankato Child Porn Case

He’s Not In Orange Anymore!

accused of possessing child pornography involving his children.  The case was subsequently dismissed after a long and contested hearing, for lack of probable cause.  Well it’s back in the limelight now for an entirely different reason.

It appears that Mr. Hoffner filed a request to seal the police and court records.  This alone is not that uncommon for when a defendant wins the case they have the right to then file a request to have the records sealed or expunged under Minnesota Law.  Typically, if the defendant wins, the records are sealed without much fanfare.  But not in this case.  In this case the media wants access to the police records.  I suppose the goal is to let the public see what the prosecutor saw and that way we can make up our mind to see if the prosecutor actually overreacted.

This is an interesting case of perhaps being careful of what you ask for, you just might get it.  As Mr. Hoffner has declared (at least from what I read in the media) he was absolutely innocent of these charges and it seems the Mankato Judge agreed with him.  The problem here is, if you are innocent, if you have nothing to hide, then why bring the motion to seal the records?  Theoretically, the reason is that way no one will now you ever were charged with a crime and you can get your life back in order.

The problem here is a pesky little thing called the internet.  Just for fun I googled “Todd Hoffner” and it returned 34,000 hits.  That’s 34,000 hits.  As I looked at the first few pages not a one of them was a court document or filing or anything that would be affected by this order.  As Lindsey Lohan (and now Mr. Hoffner knows)  you can’t seal the internet and the media reports that are out there.  I think it’s a safe bet that any school Mr. Hoffner may apply to coach at will be keenly aware of his past criminal charges, no matter the outcome of the attempt to seal the records.

There’s a good article at the Mankato Free Press it which highlights the media’s request to see the file and some interesting quotes from Mr. Hoffner’s new attorneys, two lawyers from a large Minneapolis law firm.

I think the editor of the Free Press, Joe Spear, summed it up best when he made the quote  “I’m puzzled why Mr. Hoffner’s attorneys are asking us to stand down. I would think they would be interested in further stories that shine light on how the prosecution was handled.”

Because it’s always easy to play Monday morning quarterback, my legal advice would have been to open the file, shed light on it.  If Mr. Hoffner is as innocent as he says he is, then why seal anything?  Why not let it all out?

Unfortunately, when you are charged with a crime it really never goes away, no matter the outcome.

Jason Kohlmeyer is a Minnesota Criminal Defense Attorney who enjoys playing Monday Morning Legal quarterback in Mankato, MN.

Tags: , , , ,

February 27, 2013 Minnesota DWI Basics

Tags: , , , ,

February 22, 2013 Can I Own a Firearm?

Mankato lawyerWith firearm laws potentially changing, individuals with any criminal history are concerned if they can own or poses a firearm. This seemingly simple question requires a complex answer that is not only on Federal Law but also in Minnesota Law.

Federal Law

Congress passed the first blanket prohibition on felons carrying guns in the Gun Control Act of 1968, which made it illegal for felons to possess a gun any under circumstances. Federal statute now prohibits possession of firearms for anyone who has been “convicted in any court of, a crime punishable by imprisonment for a term exceeding one year.” 18 U.S.C. § 922(g)(1) (2012).

Minnesota Law

Minnesota law further complicates the issue. A ban of firearm possession does not have to be a felony conviction as under Federal law. Minnesota law has outlined what they consider crimes of violence that would prohibit ownership or possession of a firearm. These crimes include the obvious such as a murder conviction to the less known such as riot.

This loss of firearm rights can take place even with a non-conviction such as a stay of adjudication (a non conviction under Minnesota law). The Eleventh Circuit, interpreting Florida law, determined that a guilty plea followed by a withholding of adjudication amounted to a “conviction” in applying federal statutes. U.S. v. Orellanes, 809 F.2d 1526, 1528 (11th Cir. 1987). This is similar to how stay of adjudications operate in Minnesota and accordingly could trigger § 922(g)(1).

What if I received an expungement?

“An order expunging the record of a conviction for a crime of violence…must provide that the person is not entitled to ship, transport, possess, or receive a firearm for the remainder of the person’s lifetime.” Minn. Stat. § 609A.03, subd. 5a (2012). An expungement may only muddle the water in attempting to own or poses a firearm. If you attempt to expunge a stay of adjudication, the Minnesota Judicial Branch implies that a stay of adjudication is a conviction for expungement purposes.

Just when you think all hope is lost Minnesota case law does allow ownership of firearms in certain circumstances. These circumstances need to be evaluated after a complete review of an individual’s criminal history and the applicable law.

Tags: , , ,

December 31, 2012 The Tests

Breath

After years of litigation surrounding the Intoxilyzer 5000, the State of Minnesota has implemented the use of a new breath testing machine, the DataMaster DMT-G. The new breath testing device was purchased in hopes of effectively ending the use of the Intoxilyzer 5000 and the trouble surrounding the machine.

DataMaster Breath Test Result

DataMaster Breath Test Result

In 2010, the Bureau of Criminal Apprehension (BCA) spent approximately $1.7 million for 280 of the new DataMaster DMT-G devices.  The DataMaster has large differences between the Intoxilyzer 5000. The DataMaster is designed to take two readings of a driver’s blood-alcohol content at once, using two different methods. Although this sounds good, the BCA has informed law enforcement agencies it had shut off one of the testing methods. This request was based upon inconsistencies in the fuel cells.

The officer will turn on the machine and observe the individual for 15 minutes before taking the test.  The officer is looking for a burp, belch or vomit that would raise the results of the test based upon mouth alcohol.  The DataMaster will clear the machine with air and the first sample is given.  The machine will clear itself again and run a test sample.  The test sample must be within one-one hundredth of .08.  Another sample is then given.  The results will be the lower of the two samples and rounded down to the nearest hundredth.

The DataMaster is already in place and in use for most of the southern portion of Minnesota. It is off to a troublesome start based upon the errors that are being found and officers using the machine have received only limited training.

The Blood Test

If a blood sample is offered, the officer will transport you to the nearest hospital for a blood draw. The individual taking the blood

Mankato DWI

BCA Blood Test Result

should use a non-alcohol wipe.  Two vials of blood are drawn.   The blood must be drawn into vacuum sealed containers to end fermentation of blood.  The test is sent to the BCA to be analyzed.  Test results will normally be returned in 6-8 weeks.   Below is a blood sample report from the BCA that you would receive by mail.

The Urine Test

A urine test will be given at the jail.  The officer will open a package and hand a cup with white powder at the bottom to you. A male or female officer will be there to observe. The powder is to preserve the sample and end fermentation.  The sample is sent to the BCA to be analyzed.  The test results, just like the blood test, will be returned in approximately 6-8 weeks.

If offered a blood test, an individual can opt for a urine test and vice a versa.

Mankato Attorney

BCA Urine Test Result

Refusal

If a test is not taken, an individual will be charged with test refusal.  A person can also be charged with a refusal, if the officer does not believe they are actively trying to submit a breath sample into the DataMaster, essentially faking it, or if the two samples are not within one-one hundredth of .08.

Tags: , , , ,