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Frequently Asked Questions About Criminal Law

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At Neff Law Firm, P.A., our criminal defense lawyers defend clients against a wide variety of criminal charges. If you have been charged with DWI, drug possession, assault or other criminal offense, contact Neff Law Firm. To learn more about criminal law, please review the FAQs below.

Can the Police Stop My Car at Any Time Without a Reason?

A law enforcement officer should have a reasonable basis before stopping a car. A reasonable basis may include observing questionable, erratic and/or illegal driving conduct, mechanical problems with the car, observing that the car does not meet legal requirements, or knowing that a crime or traffic offense has taken place.

Can the Police Make a Misdemeanor Arrest of a Person Without a Warrant?

In Minnesota a misdemeanor arrest without a warrant can be made if the person making the arrest witnessed the commission or attempted commission of the offense.

When Can the Police Do a Search Without a Warrant?

Generally the police must have special circumstances to have a right to do a search without a warrant. The special circumstances may include:

  • A search incident to an arrest, such as an inventory search
  • The existence of exigent circumstances such as an emergency or situation where the search must be conducted immediately in order to preserve evidence
  • Observation of an illegal substance in plain sight of the officer, such as a gun or drugs on the seat of a car stopped for a traffic offense
  • Other special situations and circumstances where the police must act immediately or risk not being able to act at all.

What Is a DWI/DUI?

In Minnesota, a DWI or DUI charge may be a misdemeanor if it is based on a suspect driving, or operating or in being in physical control of a motor vehicle while under the influence of alcohol, a controlled substance, a narcotic drug, or a combination of any of the foregoing. Even use of prescription medications and over-the-counter drugs can result in a DWI/DUI offense if the medication or drug impairs the driver's ability to operate the motor vehicle. Similarly, a person can be arrested for boating while under the influence (BUI) as well, if he or she is driving, operating or in physical control of a boat or motorized watercraft while under the influence of drugs or alcohol.

What Does Implied Consent Mean Under Minnesota Law?

Any person who drives, operates or is in physical control of a motor vehicle in the state of Minnesota is deemed to have provided his or her consent to allowing chemical testing of his or her breath, blood or urine. The implied consent law also applies to persons driving, operating or in physical control of a boat motorized watercraft upon lakes and rivers in the state of Minnesota.

Contact a criminal defense lawyer at Neff Law Firm, P.A., to discuss the best way to aggressively fight a drunk driving charge or other criminal charge. Flexible appointment times are available at both the Roseville and Edina law offices.

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