Tuesday, October 25, 2016

Probation and Defense Lawyers

By Attorney Scott Martin, Criminal Defense Attorney, MN

If you are currently on probation in MN you have more than likely assigned to a probation officer. Your defense lawyer will also be notified of your current probationary or parole status.

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Probationers and parolees have limited protections against warrant-less or suspicion-less searches.  A probationer's home can be searched by a probation officer without a warrant if "reasonable grounds" exist to support the search.  Where a probationer agrees to be the subject of a search, the case law has uniformly held that reasonable suspicion exists. 

However, the search must be reasonably related to the purpose for which the probationer is on supervision.  For instance, where a search conducted by a parole agent was for drugs, but the suspected violation was for a recent arrest, the search was not permissible.  

Suppression may be a viable option for state parolees.  Further, police may not simply "tag along" on parole searches.  The police still have a probable cause standard for conducting warrantless searches and may not use the parole agents as a "stalking horse" to gain access to a parolee's residence.

If you are on probation or parole and have been subjected to a search of your person, car, or home and evidence has been seized, you should contact an experienced attorney before your next court date.

There are other issues associated with probation such as revocation.

When a parolee has a revocation hearing based on pending criminal charges, it is limited to an "Admit/Deny" the pending charges.  Typically, all that is required to prove pending criminal charges is an official record of the case.  If an offender admits the pending charges, the question is solely whether or not the parolee will be detained in DOC custody, detained for a period of time based on the level of the pending charges, or released back onto supervision until the case has been resolved.

If you are in need of an experienced criminal defense lawyer in the Minneapolis Saint Paul area, contact Scott Martin Law. Criminal Defense, DUI, Family Law (Divorce).


Scott Martin Law
4856 Banning Ave
White Bear Lake, MN. 55110
www.scottmartinlaw.com


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When should you consider hiring a lawyer?

If you are contemplating a divorce or If you have been charged with a crime your best bet is to sit down with a qualified local attorney and discuss all of the ramifications and options that you will face as you move forward with this action.

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Divorce is a life changing event that will effect not only yourself but everyone around you. Your entire family from your spouse to your children and even extended family such as grandparents and other relatives.   

But divorce is just one of the many times in your life you may want to consider consulting a lawyer to protect yourself from potentially disastrous consequences.

If you have been charged with a DUI you are definitely going to need an attorney that is well versed in the local laws that govern the treatment of DUI suspects. Perhaps you feel like you were entrapped into this situation or perhaps the police overstepped their jurisdiction.  Believe it or not being pulled over and accused of driving under the influence is not the end of your case it is the very beginning.

You may wake up the next morning and your first thought will be  "I need a good lawyer". In order to sort thru the circumstances of your case and determine the best course of action to protect your rights.
In a case like this tit would be very important to have an attorney that has experience dealing with prosecutors.

An experienced lawyer should have the ability to communicate with a prosecutor hopefully to plea for a lesser sentence. Most states have minimum penalties for offenses such as a DWI. The more offenses incurred over a period of time will have a great impact on the sentence mandated by the state prosecutors.

Once again having a qualified lawyer represent you can increase the chance that some or all of the charges brought against you may be plea bargained down to lesser charges or dropped altogether.

You will certainly want to hire a lawyer if you are accused on criminal charges. An example of this may be Assault or Robbery or even Murder. If you find yourself charged with a serious crime you should not hesitate to contact a qualified criminal lawyer to represent you. There is an old saying that A man (or woman), that represents themselves, has a fool for a client.

You will be going up against Prosecutors and Judges that are eager to obtain a conviction to bolster their record of being tough on crime.

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Criminal charges are nothing to fool around with. Once these charges have been levied against you you future is in the hands of a criminal justice system that is not always concerned with your fair treatment, it is more concerned with obtaining convictions.



If you are in need of a qualified criminal defense attorney, Family law lawyer or if you have been charged with a DUI in the state of Minnesota contact Scott Martin. Scott is a tough minded lawyer that has defended all types of cases across the state of Minnesota. Criminal Lay, Family Law and DUI offenses are his specialty.


Scott Martin Law
Minneapolis, St Paul Mn Attorney's
651-426-7525
www.scottmartinlaw.com

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