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# Brandt Kettwick Defense

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## Posts

- [Felony Assault Charges Dismissed](https://bkdefense.com/felony-assault-charges-dismissed/) - Date: March 26, 2026 Case: Third Degree Assault Attorney: Nicole A. Kettwick Results: Nicole was retained to represent a client charged with felony-level assault after a complaining witness sustained substantial bodily harm. Nicole filed a motion to dismiss for lack of probable cause, and the State ultimately dismissed the charges in the interests of justice.
- [Autumn Negotiates a Suspension of Prosecution for Underage Liquor Possession](https://bkdefense.com/autumn-negotiates-a-suspension-of-prosecution-for-underage-liquor-possession/) - Date: April 13, 2026 Case: Underage Liquor Possession Attorney: Autumn R. Stokes Results: Autumn was retained to represent a juvenile facing an Underage Liquor Possession charge. After the client completed recommended steps early in the case, Autumn successfully negotiated a continuance for dismissal for six months. Upon successful completion of the period, the charge will
- [Not Guilty Verdict on All Three Counts for Autumn’s Client](https://bkdefense.com/not-guilty-verdict-on-all-three-counts-for-autumns-client/) - Date: April 29, 2026 Case: Careless Driving, Duty to Drive with Due Care – Colliding with Pedestrian & Speed Greater than Reasonable Attorney: Autumn R. Stokes Results: Autumn’s client was facing allegations in Hennepin County of striking a pedestrian and their dog. After meticulously analyzing the evidence and taking numerous witness statements, she and her
- [Autumn Secures Dismissal of a School Bus Arm Traffic Violation](https://bkdefense.com/autumn-secures-dismissal-of-a-school-bus-arm-traffic-violation/) - Date: September 11, 2025 Case: School Bus Arm Violation Attorney: Autumn R. Stokes Results: Autumn’s client was charged with failing to stop for a school bus arm. Through her expertise and review of the evidence, Autumn determined there were grounds to challenge the legality of the offense. She filed a motion to dismiss with the
- [Autumn Secures a Dismissal of DWI Charges](https://bkdefense.com/autumn-secures-a-dismissal-of-dwi-charges/) - Date: May 19, 2025 Case: DWI & Petty Misdemeanor – Traffic Regulations Attorney: Autumn R. Stokes Results: Autumn was hired to represent a client facing a DWI and two petty misdemeanor traffic charges. After thoroughly reviewing the evidence, Autumn determined there were grounds to challenge the legality of the traffic stop and proceeded to a Contested
- [Paul Secures a Stay of Adjudication on Reduced Charge](https://bkdefense.com/paul-secures-a-stay-of-adjudication-on-reduced-charge/) - Date: April 15, 2026 Case: Misdemeanor Domestic Assault Attorney: Paul L. Young Results: Paul represented a client facing a Misdemeanor Domestic Assault charge and a child protection investigation. Through skilled and calculated negotiations, Paul secured a stay of adjudication on a lesser charge of disorderly conduct. Meaning, if the client successfully completes the conditions of
- [Paul Obtains a Stay of Adjudication for Client Facing Possible Criminal Sexual Conduct Charge](https://bkdefense.com/paul-obtains-a-stay-of-adjudication-for-client-facing-possible-criminal-sexual-conduct-charge/) - Date: June 2, 2026 Case: Disorderly Conduct Attorney: Paul L. Young Results: Paul represented a client who was facing a possible Criminal Sexual Conduct charge. Through directed advocacy, the incident was charged as a disorderly conduct and not a sexual assault. Then, Paul secured a stay of adjudication for his client, meaning that upon successfully
- [Paul Helps Client Avoid a Lengthy Prison Sentence](https://bkdefense.com/paul-helps-client-avoid-a-lengthy-prison-sentence/) - Date: April 23, 2026 Case: First Degree Assault Attorney: Paul L. Young Results: Paul represented a client facing multiple counts of assault, including a First-Degree Assault. The client was facing a potential prison sentence of over 100 months. Paul worked closely with the client and his family to identify and treat the underlying addiction and
- [Paul Negotiates Dismissal on Felony Reckless Discharge of a Firearm Charge](https://bkdefense.com/paul-negotiates-dismissal-on-felony-reckless-discharge-of-a-firearm-charge/) - Date: April 3, 2026 Case: Felony Reckless Discharge of a Firearm Attorney: Paul L. Young Results: Paul represented a client facing a serious charge of Felony Reckless Discharge of a Firearm. If convicted, this client would have lost his career. Through investigation and negotiations, Paul convinced the prosecutor a dismissal was in the best interest
- [Arrested in a Minnesota Internet Sting Operation? What You Need to Know](https://bkdefense.com/arrested-in-a-minnesota-internet-sting-operation-what-you-need-to-know/) - Internet sting operations often generate attention because law enforcement announces multiple arrests at once. The resulting press release or news coverage may make the cases appear straightforward: an undercover officer communicated with someone online, arranged a meeting, and arrested the person when they arrived. The actual criminal case is usually more complicated. An arrest is
- [Do I Need a Lawyer for Prostitution and Solicitation Charges in Minnesota?](https://bkdefense.com/do-i-need-a-lawyer-for-prostitution-and-solicitation-charges-in-minnesota/) - Being investigated or charged in a prostitution or solicitation case can be overwhelming. Many people have never been in trouble before and are unsure what happens next, what evidence law enforcement may have, or whether the situation can still be addressed before it permanently affects their future. In Minnesota, prostitution-related cases often arise from undercover
- [Is It Worth It to Hire a Lawyer to Get a Dui off My Record in Minnesota?](https://bkdefense.com/is-worth-it-to-hire-a-lawyer-to-get-a-dui-off-my-record-in-minnesota/) - A DUI conviction affects more than just driving privileges. Employment background checks often reveal criminal convictions, potentially eliminating job opportunities in healthcare, education, finance, and other fields requiring professional licenses. Professional licensing boards in Minnesota take DUI convictions seriously. Nurses, teachers, real estate agents, and other licensed professionals may face disciplinary action or license restrictions
- [Do I Need to Hire a Lawyer if I’ve Been Charged With Possession of Child Pornography?](https://bkdefense.com/do-i-need-to-hire-a-lawyer-if-ive-been-charged-with-possession-of-child-pornography/) - Being charged with child pornography possession is one of the more serious accusations a person can face in Minnesota. The consequences can extend beyond a criminal sentence, affecting employment, housing, professional licenses, and personal relationships for years. Because these cases often involve digital evidence and detailed investigations, understanding how they typically unfold can help people
- [Minnesota Supreme Court rules that Google users have a privacy interest in Google’s location data about Google’s users.](https://bkdefense.com/minnesota-supreme-court-rules-that-google-users-have-a-privacy-interest-in-googles-location-data-about-googles-users/) - The Minnesota Supreme Court, in a landmark case, handed down a decision ruling that under the Minnesota Constitution individuals have a reasonable expectation of privacy in their location data collected by third parties such as Google. In the case of Contreras-Sanchez v. State of Minnesota, law enforcement utilized location data from Google to identify individuals
- [A Closer Look at HF 3404 and Minnesota’s Approach to Police Impersonation](https://bkdefense.com/a-closer-look-at-hf-3404-and-minnesotas-approach-to-police-impersonation/) - The House Ways & Means Committee just passed HF 3404 proposing an amendment to Minnesota Statutes 2024, section 609.475 to significantly expand and strengthen penalties for impersonating a peace officer. HF 3404 elevates the base offense to a felony when an individual falsely presents themselves as a peace officer with an intent to mislead. It
- [Underage Drinking & Driving; The “Not a Drop Law”](https://bkdefense.com/underage-drinking-and-driving-the-not-a-drop-law/) - There are several defenses to Underage Drinking and Driving. First, when the police interact with a driver, they are bound by constitutional limits which prohibit them from violating the constitutional rights of any driver. If the police overstep their bounds, it could be a basis for suppressing (throwing out) evidence the police recover from a
- [Autumn Secures Harassment Restraining Order for Client](https://bkdefense.com/autumn-secures-harassment-restraining-order-for-client/) - Date: March 10, 2026 Case: Harassment Restraining Order Attorney: Autumn R. Stokes Results: Autumn was retained by a client seeking a two-year Harassment Restraining Order after receiving a denial of their petition. After being hired, Autumn strategically crafted the evidence into a compelling and persuasive presentation that demonstrated the necessity of the Order. As a result,
- [Autumn Obtains a Suspension of Prosecution in a Hit and Run Case](https://bkdefense.com/autumn-obtains-a-suspension-of-prosecution-in-a-hit-and-run-case/) - Date: January 28, 2026 Case: Traffic Collision Attorney: Autumn. R Stokes Results: Autumn was retained to represent a client facing a Misdemeanor charge related to a traffic collision and failure to notify anyone. Through her expertise, she guided the case through several steps to strengthen the client’s defense, ultimately resulting in a suspension of prosecution. This
- [Autumn Obtains a Dismissal on Two Traffic Violation Charges](https://bkdefense.com/autumn-obtains-a-dismissal-on-two-traffic-violation-charges/) - Date: January 28, 2026 Case: Traffic Violation Attorney: Autumn R. Stokes Results: Autumn represented a client facing two traffic violation charges: Speeding and Failure to Provide Insurance. Quickly after being hired, she guided her client through specific proactive steps, resulting in a suspension of prosecution. So long as her client remains law abiding, the case will
- [Autumn Mitigates Domestic Assault Charge](https://bkdefense.com/autumn-mitigates-domestic-assault-charge/) - Date: February 24, 2026 Case: Misdemeanor Domestic Assault Attorney: Autumn R. Stokes Results: Autumn represented a client facing a Misdemeanor Domestic Assault charge. In just over a month, she successfully negotiated with the prosecutor to reduce the charge to Disorderly Conduct, allowing her client to avoid any jail time upon successful completion of probation.
- [Autumn Secures a Dismissal of an Order for Protection](https://bkdefense.com/autumn-secures-a-dismissal-of-an-order-for-protection/) - Date: February 9, 2026 Case: Order for Protection Attorney: Autumn R. Stokes Results: Autumn was hired to represent a client who was a respondent in an ongoing Order for Protection. Petitioner in this matter was granted an ex parte extension. Autumn spent extensive time meticulously constructing the evidence, and, through litigation, demonstrated that there was
- [Autumn Obtains a Careless Driving Conviction in a DWI Case](https://bkdefense.com/autumn-obtains-a-careless-driving-conviction-in-a-dwi-case/) - Date: January 27, 2026 Case: DWI Attorney: Autumn R. Stokes Results: Autumn was retained to represent a client facing three Misdemeanor charges related to a DWI. In a very short amount of time, Autumn negotiated and secured dismissals on two of the charges and reduced the third Misdemeanor charge to a Careless Driving conviction.
- [Autumn's Out-of-State Client Avoids Criminal Conviction](https://bkdefense.com/autumns-out-of-state-client-avoids-criminal-conviction/) - Date: January 15, 2026 Case: Misdemeanor Theft Attorney: Autumn R. Stokes Results: Autumn represented a client who had two unresolved Misdemeanor Theft cases from 2011. This client was currently living out of state and wanted to take care of these outstanding cases. Through persistent and effective negotiations, Autumn was able to get one case dismissed entirely,
- [Autumn Secures a Diversion for Client Facing a Felony Drug Possession Charge](https://bkdefense.com/autumn-secures-a-diversion-for-client-facing-a-felony-drug-possession-charge/) - Date: January 15, 2026 Case: 5th Degree drug possession Attorney: Autumn R. Stokes Results: Autumn was retained to represent a client facing a Felony Drug Possession charge. Through strategic negotiations and equitable arguments, Autumn secured a diversion agreement for her client. Upon successful completion of the diversion conditions, the charge will be dismissed.
- [Paul Helps High School Student Avoid Felony Criminal Sexual Conduct Charges](https://bkdefense.com/paul-helps-high-school-student-avoid-felony-criminal-sexual-conduct-charges/) - Date: December 4, 2025 Case: Criminal Sexual Conduct Attorney: Paul. L Young Results: Paul’s client, a college bound high school student, faced a criminal investigation and potential charges of criminal sexual conduct. Through aggressive and proactive investigation, Paul demonstrated to law enforcement and prosecutors the evidentiary and legal inadequacies of the case. Ultimately, criminal charges
- [Paul Secures Stay of Adjudication and Dismissal for Juvenile client](https://bkdefense.com/paul-secures-stay-of-adjudication-and-dismissal-for-juvenile-client/) - Date: May 23, 2025 Case: Underage Drinking and Driving & Window Tint Restrictions Attorney: Paul L. Young Results: Paul’s client faced a misdemeanor Underage Drinking and Driving charge, along with a petty misdemeanor Window Tint Restriction charge. Paul secured a Saty of Adjudication on the Misdemeanor charge, which included no driver’s license sanction, while the
- [Paul’s Client Avoids Felony Conviction](https://bkdefense.com/pauls-client-avoids-felony-conviction/) - Date: January 12, 2026 Case: First Degree Possession of Cannabis Attorney: Paul L. Young Results: Following a contested evidentiary hearing the court agreed with Paul that law enforcement unlawfully expanded the scope of the traffic stop. The legal finding led to the suppression of all evidence. Ultimately, all charges were dismissed, and the client avoided
- [Defenses to Criminal Sexual Conduct Charges in Minnesota: Understanding Legal Options in Sex Crime Cases](https://bkdefense.com/defenses-to-criminal-sexual-conduct-charges-in-minnesota-understanding-legal-options-in-sex-crime-cases/) - Criminal sexual conduct allegations are among the most serious charges a person can face. These cases are emotionally charged, legally complex, and deeply impactful for everyone involved. A careful, lawful defense does not minimize the seriousness of the allegation—it ensures that the legal process is fair, accurate, and constitutional. Criminal sexual conduct charges in Minnesota
- [What Are the Degrees of Criminal Sexual Conduct in Minnesota?](https://bkdefense.com/what-are-the-degrees-of-criminal-sexual-conduct-in-minnesota/) - Minnesota has five levels (degrees) of criminal sexual conduct (CSC). based on various factors. As the charges go higher up in degree, the penalties increase. Understanding the various degrees can help you know what you’re up against if you or someone you know is accused of one—and why you need an attorney experienced in defending
- [Brandt Kettwick Defense Negotiates the Dismissal of Criminal Vehicular Operation Charge as Part of DWI Plea](https://bkdefense.com/brandt-kettwick-defense-negotiates-the-dismissal-of-criminal-vehicular-operation-charge-as-part-of-dwi-plea/) - Date: May 2025 Case: Criminal Vehicular Operation (CVO) and Second Degree DWI Results: Client was facing charges in Crow Wing County for their role in an auto accident where their blood alcohol level was nearly triple the legal limit. Through effective communication, case management, and negotiation tactics, Brandt Kettwick Defense was able to secure a
- [Brandt Kettwick Defense Successfully Negotiates a 4th Degree DWI to a Careless Driving](https://bkdefense.com/brandt-kettwick-defense-successfully-negotiates-a-4th-degree-dwi-to-a-careless-driving/) - Date: September 2025 Case: 4th Degree DWI Result: Client was facing charges of a Fourth Degree DWI in Hennepin County. Through effective negotiations with the prosecution, Brandt Kettwick Defense was able to get the client’s charges reduced to a Careless Driving and the DWI charges dismissed.
- [Paul Prevents Charges in Criminal Sexual Conduct Investigation](https://bkdefense.com/paul-prevents-charges-in-criminal-sexual-conduct-investigation/) - Date: December 2025 Case: Criminal Sexual Conduct in the Third Degree Attorney: Pual L. Young Results: Paul successfully prevented a Criminal Sexual Conduct in the Third-Degree charge from being filed. Upon hiring, Paul immediately launched an aggressive preliminary investigation that uncovered substantial evidence in his client's favor. By presenting these findings early on, Paul convinced
- [Autumn Successfully Avoids Conviction in Juvenile Traffic Case](https://bkdefense.com/autumn-successfully-avoids-conviction-in-juvenile-traffic-case/) - Date: July 19, 2025 Case: Duty to Drive with Due Care and Failure to Stop for a Stop Sign Attorney: Autumn R Stokes Results: Autumn was retained to represent a juvenile client with two traffic-related charges, Duty to Drive with Due Care and Failure to Stop, arising from an unfortunate accident. Through effective and persuasive
- [Autumn Obtains Dismissal for a Felony Drug Possession](https://bkdefense.com/autumn-obtains-dismissal-for-a-felony-drug-possession/) - Date: October 2025 Case: Felony Drug Possession Attorney: Autumn R. Stokes Results: Autumn represented a client charged with Felony Drug Possession involving cocaine. After conducting a thorough review of the evidence and the circumstances surrounding the stop and search of her client's vehicle, Autumn promptly filed a motion demanding suppression of the unlawfully obtained evidence
- [Autumn Avoids Convictions on Reckless Driving and Failure to Notify Police in Juvenile Case](https://bkdefense.com/autumn-avoids-convictions-on-reckless-driving-and-failure-to-notify-police-in-juvenile-case/) - Date: October 2025 Case: Juvenile Reckless Driving Attorney: Autumn R. Stokes Results: Autumn was retained to represent a juvenile client charged with Reckless Driving and Failure to Notify Police. Recognizing the impact criminal records can have on juveniles, Autumn tailored her advocacy toward protecting the client’s future and minimizing collateral consequences. Through skillful argument to
- [Autumn Secures International Travel Authorization for Client on Probation](https://bkdefense.com/autumn-secures-international-travel-authorization-for-client-on-probation/) - Date: October 2025 Case: Authorized Travel Order Attorney: Autumn Results: Autumn was retained by a client to help navigate the legal requirements for international travel while on probation. Because the client was subject to the Interstate Compact on Adult Offender Supervision, Corrections had authority to issue travel permits for interstate travel but lacked authority to
- [Autumn Negotiates Dismissal for Speeding Violation](https://bkdefense.com/autumn-negotiates-dismissal-for-speeding-violation/) - Date: December 2025 Case: Petty Misdemeanor Speeding Violation Attorney: Autumn R. Stokes Result: Autumn’s client received a citation for Speeding after driving over fifteen miles an hour above the speed limit. With her skilled negotiation and proactive guidance, her client received a continuance for dismissal and after one year the charge will be automatically dropped.
- [Autumn Obtains Continuance for Dismissal for Failure to Yield](https://bkdefense.com/autumn-obtains-continuance-for-dismissal-for-failure-to-yield/) - Date: November 2025 Case: Petty Misdemeanor Failure to Yield Attorney: Autumn R. Stokes Result: Autumn’s client was charged with Failure to Yield on a divided highway after colliding with oncoming traffic. Through her skilled advocacy, the charge will be dismissed after one year so long as the client has no same or similar charges.
- [Autumn Secures Diversion for Felony Theft](https://bkdefense.com/autumn-secures-diversion-for-felony-theft/) - Date: November 2025 Case: Felony Theft Attorney: Autumn R. Stokes Result: Autumn’s client was charged with Felony Theft after failing to uphold a contract for fencing. Thanks to Autumn’s advocacy, the client received Pretrial Diversion. Meaning that after successful completion of the one-year Diversion Program, the charge will be automatically dismissed.
- [Autumn Negotiates Stay of Adjudication for Misdemeanor Failure to Yield](https://bkdefense.com/autumn-negotiates-stay-of-adjudication-for-misdemeanor-failure-to-yield/) - Date: November 2025 Case: Misdemeanor Failure to Yield Attorney: Autumn R. Stokes Result: Autumn’s client was facing a Misdemeanor for Failure to Yield to a yellow flashing arrow, which resulted in a collision. After strategic negotiations with the prosecutor, Autumn was able to secure a Stay of Adjudication, meaning that Autumn’s client was not convicted
- [Autumn Secures Stay of Adjudication on Careless Driving](https://bkdefense.com/autumn-secures-stay-of-adjudication-on-careless-driving/) - Date: October 2025 Case: Careless Driving and Unlawful passing Attorney: Autumn R. Stokes Results: Autumn’s client was charged with Careless Driving and Unlawful Passing after a road rage incident. With her skilled negotiation and proactive guidance, the client received a Stay of Adjudication on the Careless Driving charge and a dismissal of the Unlawful Passing charge.
- [Autumn Negotiates a Six-Month Continuance for Dismissal](https://bkdefense.com/autumn-negotiates-a-six-month-continuance-for-dismissal/) - Date: September 2025 Case: Misdemeanor Theft Attorney: Autumn R. Stokes Results: Autumn’s client was charged with Misdemeanor Theft in Hennepin County. Through Autumn’s dedication and impressive negotiation skills, she secured a six-month continuance for dismissal. This means the charges will be dismissed provided the client pays a fine and remains law-abiding during the six-month period. Most importantly,
- [Autumn Successfully Argues for Dismissal of Harassment Restraining Order](https://bkdefense.com/autumn-successfully-argues-for-dismissal-of-harassment-restraining-order/) - Date: October 2025 Case: Harassment Restraining Order Attorney: Autumn Stokes Result: Autumn's client was a respondent in a Harassment Restraining Order (HRO) filed by a neighbor following an ongoing dispute. After a contested hearing where Autumn cross-examined the petitioner, presented compelling witness testimony, and highlighted the legal deficiencies in the allegations, the court denied the Harassment Restraining Order, vindicating her client and preserving their reputation.
- [Autumn Secures a Continuance for Dismissal in Disorderly Conduct Case](https://bkdefense.com/autumn-secures-a-continuance-for-dismissal-in-disorderly-conduct-case/) - Date: October 2025 Case: Misdemeanor Disorderly Conduct Attorney: Autumn Stokes Result: Autumn’s client was facing a charge of Misdemeanor Disorderly Conduct from an incident that occurred in Anoka County. After presenting both the legal and equitable merits of her client’s case to the prosecutor, Autumn successfully negotiated a continuance for dismissal. This outcome ensures that the charge will be dismissed after six months, provided her client remains law-abiding,
- [Autumn Negotiates a Continuance for Dismissal in Anoka County](https://bkdefense.com/autumn-negotiates-a-continuance-for-dismissal-in-anoka-county/) - Date: October 2025 Case: Misdemeanor Theft Attorney: Autumn Stokes Result: Autumn’s client was facing Misdemeanor Theft charges resulting from a shoplifting incident at a retail store. After carefully reviewing the evidence in the case and emphasizing her client’s proactive efforts to the prosecutor, Autumn successfully negotiated a continuance for dismissal. This means after one year of law-abiding behavior, the charge will
- [What Are my Rights When Police Want to Search my Car?](https://bkdefense.com/what-are-my-rights-when-police-want-to-search-my-car/) - Getting pulled over by the police is stressful, but when the interaction escalates and an officer asks to search your vehicle, the stakes rise significantly. Understanding your constitutional rights during traffic stops can help you preserve your legal options if you are charged with a crime. Whether you're dealing with a simple speeding ticket, facing
- [Paul Young, who joined Brandt Kettwick Defense after three decades as a prosecutor](https://bkdefense.com/paul-young-who-joined-brandt-kettwick-defense-after-three-decades-as-a-prosecutor/) - Paul Young, who joined Brandt Kettwick Defense after three decades as a prosecutor, sees room for “a greater sense of collegiality” between the two sides even in an inherently adversarial... Read More.
- [Nicole gets Juvenile Client’s Assault and Disorderly Conduct Charges Dismissed](https://bkdefense.com/nicole-gets-juvenile-clients-assault-and-disorderly-conduct-charges-dismissed/) - Date: February 2025 Charges: Juvenile Fifth Degree Assault and Disorderly Conduct Attorney: Nicole Kettwick Results: Nicole’s Juvenile client was facing Assault and Disorderly Conduct charges after a brawl in a school locker room. To prepare for the trial, she worked closely with the client, reviewing any evidence and collecting witness testimonies. Thanks to Nicole’s effective
- [Attorney Paul Young was featured in a recent KARE11 Breaking the News segment, providing his professional legal insight on the latest developments in the Hennepin County fraud cases.](https://bkdefense.com/attorney-paul-young-was-featured-in-a-recent-kare11-breaking-the-news-segment-providing-his-professional-legal-insight-on-the-latest-developments-in-the-hennepin-county-fraud-cases/) - Attorney Paul Young was featured in a recent KARE11 Breaking the News segment, providing his professional legal insight on the latest developments in the Hennepin County fraud cases. We appreciate the opportunity for him to contribute his expertise to this important public discussion. https://www.kare11.com/video/news/local/breaking-the-news/other-fraud-cases-dismissed-connected-to-guilty-verdict-tossed-by-hennepin-county-judge/89-79c99107-58ae-4d5f-a234-b02ecd2dbcc4
- [Criminal Defense Partner Nicole Kettwick Shares Rewarding Career Path with Irondale Students](https://bkdefense.com/criminal-defense-partner-nicole-kettwick-shares-rewarding-career-path-with-irondale-students/) - Irondale High students start new club to encourage women to pursue law careers — Minnesota
- [Alumna Nicole Kettwick '07, '10 J.D. Mentors Future Public Defenders and Instills "Sense of Compassion" in Law Students](https://bkdefense.com/alumna-nicole-kettwick-07-10-j-d-mentors-future-public-defenders-and-instills-sense-of-compassion-in-law-students/) - Summer Law Extern: Riley Smith, Wright County Public Defender’s Office
- [Criminal Defense Attorney Nicole Kettwick Explains Minnesota Gun Laws in Places of Worship](https://bkdefense.com/criminal-defense-attorney-nicole-kettwick-explains-minnesota-gun-laws-in-places-of-worship/) - https://www.kare11.com/article/news/local/are-you-allowed-to-bring-a-gun-into-a-place-of-worship-in-minnesota-yes-and-no/89-5d41ae8a-d785-4a9a-90cc-ccbf7bc120ad
- [Arrested the Day Before Thanksgiving?](https://bkdefense.com/arrested-the-day-before-thanksgiving/) - What If I’m Arrested for a DWI the Day Before Thanksgiving? The Day Before Thanksgiving is considered one of the heaviest drinking days of the year which means DWI patrol will likely be significant. Whether you are drinking with your family or with old friends, the day before Thanksgiving is one of the worst days
- [What To Do If You’re Under Federal Investigation](https://bkdefense.com/what-to-do-if-youre-under-federal-investigation/) - Being investigated by federal authorities is frightening, intimidating, and unnerving. Federal cases proceed differently than state cases, and federal investigators often build their cases for months before you’re aware that you’re being investigated. Knowing what to do early on in an investigation can protect your rights and potentially keep the situation from escalating. Recognize the
- [Can You Be Charged with Domestic Assault if there’s no physical injuries?](https://bkdefense.com/can-you-be-charged-with-domestic-assault-if-theres-no-physical-injuries/) - When people think about domestic assault, they often imagine a victim who has suffered physical injuries, such as bruising, a scratch, or a cut. What if there aren’t physical injuries? Can you face domestic assault charges even if you did not cause bodily harm to a family or household member? The answer is yes. What
- [How Diversion Programs Work in MN Drug Cases](https://bkdefense.com/how-diversion-programs-work-in-mn-drug-cases/) - Minnesota’s drug laws treat offenses like possession or distribution as serious crimes. Even a simple possession conviction can expose a defendant to life-changing criminal penalties. However, people charged with drug offenses in Minnesota may have alternatives to traditional prosecution for resolving their charges, such as entering a diversion program. Diversion programs can allow eligible defendants
- [Autumm’s Client Avoids Convictions for Misdemeanor Theft and Misdemeanor False Identification to a Peace Officer](https://bkdefense.com/autumms-client-avoids-convictions-for-misdemeanor-theft-and-misdemeanor-false-identification-to-a-peace-officer/) - Date: September 2025 Case: Misdemeanor Theft and Misdemeanor False Identity to Peace Officer Attorney: Autumn R. Stokes Result: Autumn’s client was facing Misdemeanor Theft and Misdemeanor False Identity to Law Enforcement charges. Thanks to Autumn’s persuasive advocacy, recognition of immigration implications, and emphasis of equitable arguments, Autumn was able to negotiate a Stay of Adjudication
- [Autumn Secures Dismissal for Speeding Violation](https://bkdefense.com/autumn-secures-dismissal-for-speeding-violation/) - Date: September 2025 Case: Petty Misdemeanor for Violating Speed Limits Attorney: Autumn R. Stokes Result: Autumn’s client received a Speeding Ticket for driving over the posted speed limit. Thanks to Autumn’s preparation and skillful negotiations, the charges were automatically dismissed upon the client’s completion of a driving safety course.
- [Paul Secures Stay of Imposition and No Jail Time in Felony Criminal Vehicular Operation Case](https://bkdefense.com/paul-secures-stay-of-imposition-and-no-jail-time-in-felony-criminal-vehicular-operation-case/) - Date: September 2025 Case: Felony Criminal Vehicular Operation Attorney: Paul L. Young Result: Paul secured a Stay of Imposition for his client who faced charges of felony Criminal Vehicular Operation. After thorough review of the State’s evidence and effective negotiation with the prosecutor, Paul obtained a favorable resolution where the felony conviction will be reduced
- [Mike’s Client Avoids Conviction for Felony Threats of Violence Charge](https://bkdefense.com/mikes-client-avoids-conviction-for-felony-threats-of-violence-charge/) - Date: September 2025 Case: Felony Threat of Violence Attorney: Michael J. Brandt Result: Mike’s client was charged with a felony Threats of Violence for threatening a family member with a knife. Mike was able to negotiate a stay of adjudication with one year of probation which means that his client was not convicted of anything
- [Peter Successfully Negotiates a 4th Degree DWI to a Careless Driving](https://bkdefense.com/peter-successfully-negotiates-a-4th-degree-dwi-to-a-careless-driving/) - Date: September 2025 Case: 4th Degree DWI Attorney: Peter M. Rakke Result: Peter’s client was facing charges of a Fourth Degree DWI in Hennepin County. Through his effective negotiations with the prosecution, Peter was able to get his client’s charges reduced to a Careless Driving and the DWI charges dismissed.
- [Paul Helps his Client Avoid a Criminal Vehicular Operation Conviction](https://bkdefense.com/paul-helps-his-client-avoid-a-criminal-vehicular-operation-conviction/) - Date: August 2025 Case: Gross Misdemeanor Criminal Vehicular Operation & Two Counts of Fourth Degree DWI Attorney: Paul L. Young Result: Paul’s client was charged in Anoka County after a traffic collision in September of 2024. Paul advocated for his client and negotiated a plea agreement that dismissed the Criminal Vehicular Operation charge. The client
- [Paul Secures a Stay of Adjudication for his Client on Dissemination Charge](https://bkdefense.com/paul-secures-a-stay-of-adjudication-for-his-client-on-dissemination-charge/) - Date: August 2025 Case: Gross Misdemeanor Nonconsensual Dissemination of Private Sexual Images Attorney: Paul L. Young Result: Paul’s client was charged in Anoka County after an incident in November of 2024. Paul was able to negotiate a Stay of Adjudication, which upon successful completion of probation will result in a dismissal for his client. The
- [Paul Secures Dismissal of Felony Theft Charges](https://bkdefense.com/paul-secures-dismissal-of-felony-theft-charges/) - Paul’s client was facing Felony Theft charges – accused of using electronic means to access bank accounts and steal money. With the assistance of a forensic electronics expert, Paul established the client committed no crime. This investigation was shared with the prosecutor, and the case was dismissed. Because of Paul’s expertise and familiarity with forensic
- [Paul Negotiates Dismissal on Misdemeanor Indecent Exposure Charge](https://bkdefense.com/paul-negotiates-dismissal-on-misdemeanor-indecent-exposure-charge/) - Date: October 2025 Case: Misdemeanor Indecent Exposure Attorney: Paul L. Young Result: Paul’s client was facing a Misdemeanor Indecent Exposure charge. Through Paul’s proactive actions and skillful negotiation, he was able to obtain a continuance for dismissal for his client, meaning one year after the charge will be dismissed without a criminal conviction.
- [Paul Obtains a Stay of Adjudication for Misdemeanor Domestic Assault Case](https://bkdefense.com/paul-obtains-a-stay-of-adjudication-for-misdemeanor-domestic-assault-case/) - Date: October 2025 Case: Misdemeanor Domestic Assault Attorney: Paul L. Young Result: Paul’s client was facing a Misdemeanor Domestic Assault charge. Paul worked closely with his client and prosecution to secure a stay of adjudication. Upon successful completion of probation, the case will be dismissed.
- [Paul Secures a Dismissal for Client on Theft Charges](https://bkdefense.com/paul-secures-a-dismissal-for-client-on-theft-charges/) - Date: October 2025 Case: Theft of Movable Property (>35,000) Attorney: Paul L. Young Result: Paul’s client was facing felony charges of improperly transferring hundreds of thousands of dollars out of a family members bank account into his own personal account. Paul filed a Memorandum to Dismiss due to a lack of Probable Cause, attacking several
- [A Lesson from Ellis Island: What I learned from my grandfather’s life about being a prosecutor and a defense lawyer.  <small>By Paul Young</small>](https://bkdefense.com/a-lesson-from-ellis-island-what-i-learned-from-my-grandfathers-life-about-being-a-prosecutor-and-a-defense-lawyer-by-paul-young/) - Bench & Bar of Minnesota, October 2025 To many, Ellis Island represents the American Dream and a life better than the one left behind. My own relationship with Ellis Island is more complex—and a distinct influence on my work as a criminal defense lawyer. After waves of immigration, Ellis Island in post-WWII America served a
- [Your Rights at a Traffic Stop for DWI – Should You Take a Breath Test?](https://bkdefense.com/your-rights-at-a-traffic-stop-for-dwi-should-you-take-a-breath-test/) - If you are pulled over for suspected drunk driving in Minnesota, the officer may ask you to take a breath test. Deciding whether to comply can be confusing, especially when you are under pressure and unsure of your rights. Minnesota’s driving while impaired (DWI) laws allow law enforcement to request chemical testing. However, those same
- [What to Expect After Being Arrested for a Second DWI in Minnesota](https://bkdefense.com/what-to-expect-after-being-arrested-for-a-second-dwi-in-minnesota/) - Facing a second arrest for driving while impaired (DWI) in Minnesota involves stricter penalties than a first offense. Minnesota law treats repeat DWI offenses within a 10-year period as aggravating circumstances, which affects the charged degree in criminal court. Repeat offenses within a 20-year period significantly increase the revocation periods for your driver’s license. Understanding
- [Charged with prostitution in Minnesota? Breaking down the consequences.](https://bkdefense.com/charged-with-prostitution-in-minnesota-breaking-down-the-consequences/) - If you’ve been charged with a prostitution-related offense, you know that it can have life-changing effects. The general definition of prostitution in Minnesota, under Minn. Stat. § 609.324, is intentionally hiring, offering, or agreeing to hire an individual to engage in sexual penetration or sexual contact. Every prostitution charge is serious, from a misdemeanor to
- [Paul Obtains a Continuance for Dismissal for his Juvenile Client on Assault Charge](https://bkdefense.com/paul-obtains-a-continuance-for-dismissal-for-his-juvenile-client-on-assault-charge/) - Date: August 2025 Case: Misdemeanor Fifth Degree Assault Attorney: Paul L. Young Result: Assault charges were filed against Paul’s juvenile client after an incident in January of 2025. The client and parents were very proactive and, Paul was able to secure a resolution called a Continuance for Dismissal for his client. This means that after one year of probation,
- [Nicole Secures a Dismissal of Client’s DWI Charge](https://bkdefense.com/nicole-secures-a-dismissal-of-clients-dwi-charge/) - Date: June 2025 Case: Fourth Degree DWI and Possession of an Open Bottle Attorney: Nicole A. Kettwick Result: Nicole’s client was facing DWI and Open Bottle charges after a traffic stop in Chisago County. The two charges were processed separately in the court system and each given their own file number. The open bottle first, and the DWI months
- [This School Year: Bus Arm Violations and How to Avoid Them](https://bkdefense.com/this-school-year-bus-arm-violations-and-how-to-avoid-them/) - Should I stay or should I go? You should stay. Stay at least 20 feet away from a stopped school bus. While many drivers have experienced the stress of making a quick decision at a yellow traffic light, there’s no gray area when it comes to school buses. Every fall, we see an uptick in questions
- [Lights, Camera, Caught Ya!](https://bkdefense.com/lights-camera-caught-ya/) - From August 1, 2025, to July 21, 2029, Mendota Heights and Minneapolis will implement speed cameras to administer speeding tickets. The new program intends to reduce unsafe behavior, and any revenue generated from this program must be spent on traffic safety improvements. Any speedster caught traveling 10MPH or more over the posted speed limit will
- [Autumn Helps Client Avoid Felony Conviction for Domestic Assault Charge](https://bkdefense.com/autumn-helps-client-avoid-felony-conviction-for-domestic-assault-charge/) - Date: August 2025 Case: Felony Domestic Assault by Strangulation Attorney: Autmn R. Stokes Result: Autumn’s client was facing a Felony Domestic Assault by Strangulation charge after an altercation with their partner. With her skilled negotiation and proactive guidance, she first helped her client by getting the Domestic Abuse No Contact Order vacated and later achieved a reduction of her
- [Autumn Negotiates Continuance for Dismissal in Trespass Case](https://bkdefense.com/autumn-negotiates-continuance-for-dismissal-in-trespass-case/) - Date: August 2025 Case: Misdemeanor Trespass Attorney: Autumn R. Stokes Result: Autumn’s client was facing Misdemeanor Trespass after ending up at the wrong home while intoxicated. After emphasizing the legal issues and the equitable arguments in the case, Autumn was able to negotiate a continuance for dismissal for her client, meaning after one year the charge will be automatically
- [Nicole Obtains Stay of Adjudication for Furnishing Alcohol to a Minor Charge](https://bkdefense.com/nicole-obtains-stay-of-adjudication-for-furnishing-alcohol-to-a-minor-charge/) - Date: July 2025 Case: Gross Misdemeanor Furnishing Alcohol to a Minor Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with a Gross Misdemeanor for Furnishing Alcohol to a Minor in Ramsey County. Thanks to Nicole’s advocacy, the client received a stay of adjudication. If they complete probation and pay a small fine, the case will be dismissed—preserving their
- [What to Expect for a Third Degree DWI Charge in MN](https://bkdefense.com/what-to-expect-for-a-third-degree-dwi-charge-in-mn/) - Learn what a third-degree DWI in Minnesota means, the penalties you could face, and how a defense lawyer can help protect your rights and future.
- [How an Assault Conviction Can Impact Your Record](https://bkdefense.com/how-an-assault-conviction-can-impact-your-record/) - Learn how an assault conviction affects your criminal record, job prospects, housing, immigration status, and find out if an expungement may be possible.
- [What Is a First-Degree DWI, and What Are the Penalties in Minnesota?](https://bkdefense.com/what-is-a-first-degree-dwi-and-what-are-the-penalties-in-minnesota/) - Facing a first-degree DWI in Minnesota? Learn what makes it a felony, the penalties, long-term consequences, and how a defense attorney can help.
- [Nicole Kettwick spoke with CBS News today regarding the federal Speedy Trial Act, specifically addressing why certain cases receive a "complex" designation](https://bkdefense.com/nicole-kettwick-spoke-with-cbs-news-today-regarding-the-federal-speedy-trial-act-specifically-addressing-why-certain-cases-receive-a-complex-designation/) - A complex designation can pause the speedy trial clock when the scope of the investigation and the volume of evidence render it impossible for either side to prepare within the standard 70-day timeframe. In this instance, the investigation involved over a dozen agencies, resulting in hundreds of gigabytes of discovery. The full segment is available
- [Super Lawyers Honors Brandt Kettwick Attorneys: 20 Years for Mike Brandt](https://bkdefense.com/super-lawyers-honors-brandt-kettwick-attorneys-20-years-for-mike-brandt/) - Congratulations to Mike Brandt and Nicole Kettwick for once again being honored as Super Lawyers! 2023 marks the 20th year Mike has received the honor. BK Defense is so proud of the exceptional legal service our attorneys provide to every single client! "Can a robot write a symphony? Can a robot turn a canvas
- [Minnesota Supreme Court Rules BB Gun is Not a Firearm](https://bkdefense.com/minnesota-supreme-court-rules-bb-gun-not-firearm/) - On Wednesday, October 19th, 2016, the Minnesota Supreme Court ruled that the plain meaning of a “firearm” does not include a BB gun in State v. Haywood. This decision reverses Minnesota law dating back to 1977 that a BB gun is indeed a firearm. David Haywood was driving in downtown St. Paul on January 1,
- [Predatory Offender Registration—What is it?](https://bkdefense.com/predatory-offender-registration-what-is-it/) - In 2006, in response to several high-profile cases where various victims were abducted and murdered, the US Congress passed a law requiring states to maintain databases of offenders convicted of various offenses. The federal law is entitled the Sex Offender Registration and Notification Act (SORNA). Originally these state databases were referred to as “sex-offender registries”
- [Will a criminal conviction affect Global Entry?](https://bkdefense.com/will-a-criminal-conviction-affect-global-entry/) - Do you travel frequently between the United States and other countries? If so, you may have heard of or may even be a member of a program called Global Entry. If you are a member or thinking of applying to become a member, it is important to know what affect a criminal conviction will have
- [Bodily Harm vs. Substantial Bodily Harm vs. Great Bodily Harm](https://bkdefense.com/bodily-harm-vs-substantial-bodily-harm-vs-great-bodily-harm/) - There are a number of crimes that base the degree of punishment on how much harm was done during the incident. Assault and criminal vehicular operation are common examples of these types of crimes. Minnesota divides the amount of harm inflicted into three categories: bodily harm, substantial bodily harm, and great bodily harm. Bodily harm
- [When is Stealing a Crime?](https://bkdefense.com/when-is-stealing-a-crime/) - The simple answer is: ALWAYS. No matter how small the item, taking something that is not yours is a crime, plain and simple. There have been literally hundreds of thousands of theft charges written by prosecutors for thefts in which the defendant is accused of stealing less than five dollars worth of merchandise from a
- [Pride Festival Sashays into Minneapolis](https://bkdefense.com/pride-festival-sashays-into-minneapolis/) - The Twin Cities Pride Festival is one of the largest free festivals in the United States. Expect live music across four stages, dazzling drag performances, food trucks, beer gardens, a cannabis garden, and hundreds of vendor booths. There is enough glitter to go around so there is no need to bring your own. Of course,
- [One Count Dismissed, One Count Stay of Adjudication](https://bkdefense.com/one-count-dismissed-one-count-stay-of-adjudication/) - Date: June 2022 Case: Trespassing & Obstruction Attorney: Nicole Kettwick Result: Nicole’s client faced charges of Misdemeanor Trespassing and Misdemeanor Obstruction of Legal Process in Dakota County. Based on Nicole’s negotiations with the prosecutor, she was able to secure her client a dismissal on the Trespassing charge and a stay of adjudication on the Obstruction charge. This means that after just 1 year of remaining law abiding, the Obstruction charge will also be dismissed.
- [What is White Collar Crime?](https://bkdefense.com/what-is-white-collar-crime/) - White Collar Crime…the phrase conjures up visions of white men, executives, wearing suits and ties standing at a shredding machine, doesn't it? But does the executive stereotype fit today? The phrase has been around since about 1939 and has carried several definitions which all centered on the upper class status of the people accused. But looking at
- [Part II - What to Do If You Are Pulled Over or Arrested For DWI / DUI](https://bkdefense.com/part-ii-what-to-do-if-you-are-pulled-over-or-arrested-for-dwi-dui/) - So last time I covered what you need to know if you are pulled over for DWI / DUI in Minnesota. This time the assumption is that you have now been arrested. For Part II, what you need to know about being arrested for DWI / DUI... Remember you're on candid camera in the cop car Remember this
- [What to Do If You Are Pulled Over or Arrested For DWI / DUI](https://bkdefense.com/what-to-do-if-you-are-pulled-over-or-arrested-for-dwi-dui/) - So what would you do if you were stopped by the police for drunk driving? I have over 20 years of experience handling DWI / DUI cases, and believe me, people do all kinds of things which make their case harder to defend. Here are some pointers to keep in mind if you are stopped or arrested for drunk driving… Be
- [Minnesota Armed Robbery Attorney](https://bkdefense.com/minnesota-armed-robbery-attorney/) - Robbery arrests occur if someone takes personal property from another and uses force or threat of danger to do so. But what is armed robbery exactly? Armed robbery simply refers to a robbery offense involving use of a weapon. Most robbery allegations are armed robbery or aggravated robbery offenses, which involves the use of a
- [Nicole Kettwick Fights and Wins Against Harassment Restraining Order Trial in Anoka County](https://bkdefense.com/nicole-kettwick-fights-wins-harassment-restraining-order-trial-anoka-county/) - Nicole Kettwick represented a client who had a Harassment Restraining Order filed against him in Anoka County. The Petitioner alleged that her client’s actions had a “substantial adverse effect on the safety, security, or privacy” of the Petitioner. A trial was held whereby the Petitioner presented her case. Nicole cross-examined all of the Petitoner's witnesses
- [Mike Brandt wins jury trial, receives an acquittal in felony sex case in Hennepin County](https://bkdefense.com/mike-brandt-wins-jury-trial-receives-an-acquittal-in-felony-sex-case-in-hennepin-county/) - Mike Brandt's client was acquitted of felony charges of solicitation of a child to engage in sexual conduct in Hennepin County. Mike's client was accused of asking a 13-year-old girl if he could perform oral sex on her. In preparation for the trial, Mike interviewed various witnesses involved in the case, looked into the background
- [Google SensorVault - All Eyez on Me](https://bkdefense.com/google-sensorvault-all-eyez-on-me/) - Google SensorVault, what is it? SensorVault is the name of an internal google database that contains users’ historical geolocation data. The SensorVault database collects detailed location records from millions of phones across the globe. Google claims the information is collected for advertising purposes, yet law enforcement has found a different purpose for the information. How
- [The Innocence Project of Minnesota](https://bkdefense.com/the-innocence-project-of-minnesota/) - Has a friend or family member, or even you, been convicted of a crime they did not commit? The criminal justice system—made up of prosecutors, judges, defense attorneys, defendants, victims, and police officers—is designed to seek justice, give the accused their day in court, and achieve a fair result. But sometimes, this system falls short,
- [I was arrested, but never charged — Can I clear the arrest off my record?](https://bkdefense.com/i-was-arrested-but-never-charged-can-i-clear-the-arrest-off-my-record/) - Yes. You are able to request that all records of your file be destroyed if either of the following circumstances occurred following your arrest: all charges were dismissed prior to a determination of probable cause; or the prosecuting authority declined to file any charges and a grand jury did not return an indictment. If one
- [Restorative Justice—What is It?](https://bkdefense.com/restorative-justice-what-is-it/) - Have you ever been the victim of a crime? Or were you the offender? As a victim, you might ask yourself, “what did I do to deserve this?”; “why would anyone try to hurt me?”; or “is there any way, other than going to court, to get past this?” As an offender, you might ask
- [Stay of Adjudication on Domestic Assault Charge](https://bkdefense.com/stay-of-adjudication-on-domestic-assault-charge/) - Nicole’s client was charged with Domestic Assault and Disorderly Conduct in Zimmerman, Isanti County after getting into a fight with his wife. Because the Court imposed a Domestic Assault No-Contact Order (DANCO) before Nicole was representing her client, she took a statement from the alleged victim and filed a Motion with the Court. The Court
- [Felony Assault on a Police Officer Charges Reduced to Gross Misdemeanor](https://bkdefense.com/felony-assault-on-a-police-officer-charges-reduced-to-gross-misdemeanor/) - Mike Brandt’s client was charged with fourth degree assault on a police officer for spitting on an officer during a time when his client was highly intoxicated. Unfortunately, the entire incident was caught on a squad video and there were two police officers prepared to testify that Mike’s client spit on the officer. Notwithstanding these
- [Employee Felony Theft Charges from Employer to be Dismissed](https://bkdefense.com/employee-felony-theft-charges-employer-dismissed/) - Nicole Kettwick’s client was initially facing felony theft charges for taking items from his place of employment and selling them on eBay. Employee thefts usually disqualify people from getting into a diversion type program but after negotiating with the prosecutor, Nicole was able to get her client into a diversion program and placed on unsupervised
- [Disclosing Experts at Trial](https://bkdefense.com/disclosing-experts-at-trial/) - Different rules apply to the disclosure of witnesses depending on whether the case regards a felony/gross misdemeanor or misdemeanor. However, it is safest to take the position that regardless of the level of the offense, an attorney is required to disclose the witness as well as the substance of what the witness is going to
- [Orders for Protection & How They Can Affect You](https://bkdefense.com/orders-for-protection-how-they-can-affect-you/) - What is an Order For Protection? Minnesota orders for protection vary in length and purpose, they are sometimes called OFPs, harassment orders, or restraining orders. Often times orders for protection are brought against a person accused of harassment, assault, domestic abuse, stalking or terroristic threats. While the orders are supposed to protect a victim in
- [Expungements to Seal Criminal Records](https://bkdefense.com/expungements-to-seal-criminal-records/) - Can you really lock up your court records and throw away the key? The short answer is, it depends. You can, but it's not as easy as turning a key in a lock. What is an Expungement? To request an “expungement of criminal records” is just another way of saying you are asking the court
- [Minnesota Order for Protection Lawyer](https://bkdefense.com/minnesota-order-for-protection-lawyer/) - An Order for Protection is a type of restraining order normally filed in conjunction with an assault or domestic assault allegation. You will be required to stay a certain distance away from the alleged victim at all times. An Order for Protection is usually filed before you have been convicted of any assault charge which
- [Does the New Veterans’ Bill Mean My Case Will Be Dismissed](https://bkdefense.com/does-the-new-veterans-bill-mean-my-case-will-be-dismissed/) - As with many legal questions, the answer is it depends. In 2021, Congress signed a bill into law that requires the court to defer prosecution for an “eligible offense” committed by a defendant who was or currently is a member of the United States military and is suffering from an “applicable condition.” Eligible offenses include
- [Domestic Assault case dismissed on the morning of trial in Hennepin County](https://bkdefense.com/domestic-assault-case-dismissed-on-the-morning-of-trial-in-hennepin-county/) - After a family dispute Nicole’s client found himself facing two misdemeanors for Domestic Assault and Disorderly conduct, charges that can result in up to 90 days in jail, loss of gun rights, loss of his job as a nurse, and many other collateral consequences. Nicole and her client disputed the charges. The prosecution made an
- [2015 Year in Review](https://bkdefense.com/2015-year-in-review/) - At the end of each year, the focus is always on the “top” – the top news stories, the top photographs, the top celebrity break-ups, the top restaurants, and even the top hashtags. As you review 2015, in no particular order, here is our “Top Criminal Law Changes in Minnesota.”
- [I Have a Commercial Driver’s License and I Received a Traffic Ticket, Now What?](https://bkdefense.com/i-have-a-commercial-drivers-license-and-i-received-a-traffic-ticket-now-what/) - There are real world implications for those holding a Commercial Driver’s License (CDL) who receive traffic tickets. For CDL holders, receiving two or more “serious traffic” violations in a three-year period while operating their commercial motor vehicle could entail disqualification from operating their commercial motor vehicle. These “serious traffic violations” can include excessive speed, reckless
- [Sorry, Your Peacock is not a Service Animal](https://bkdefense.com/sorry-your-peacock-is-not-a-service-animal/) - Beginning August 1, 2018, a new law in Minnesota will criminally penalize people who lie about service animals. Under the law, it is a crime to knowingly misrepresent an animal as an assistance animal in a public place to obtain rights and privileges available to someone who qualifies for a service animal. Minn. Stat. §
- [Court of Appeals Affirmed Decision Finding Defendant Guilty of Third-Degree DWI after Huffing Dust-Off and Getting Behind the Wheel](https://bkdefense.com/court-appeals-affirmed-decision-finding-defendant-guilty-third-degree-dwi-huffing-dust-off-getting-behind-wheel/) - Did you know you can get a DWI for driving while/after huffing a hazardous substance? Consuming hazardous materials and getting behind the wheel can land you with a DWI. That includes inhaling substances like Dust-Off. Yes, the stuff you use to clean off your computer keyboard. In Minnesota, it is a crime for any person
- [Felony Prostitution Charges Reduced to Gross Misdemeanor](https://bkdefense.com/felony-prostitution-charges-reduced-gross-misdemeanor/) - Mike Brandt’s client was charged with a felony for allegedly engaging in prostitution with a child between the ages of 13 and 16. The charges emanated from a law enforcement sting where Mike’s client was alleged to have agreed to hire a decoy officer posing as a 15-year-old girl. Mike was prepared to go to
- [I have a Felony, Can I vote in Minnesota?](https://bkdefense.com/i-have-a-felony-can-i-vote-in-minnesota/) - Minnesota law states that anyone currently serving a felony sentence on election day (Tuesday, Nov. 6) is not eligible to vote. This includes people currently incarcerated, serving on probation, or those who have been granted parole for a felony offense. The right to vote is restored once the felony sentence has been completed. The election
- [What is Considered a “Dangerous Weapon” Under Minnesota Law? Star Wars Edition](https://bkdefense.com/what-is-considered-a-dangerous-weapon-under-minnesota-law-star-wars-edition/) - To those intrigued by a Galaxy Far Far Away and others looking to find out more about Minnesota’s Definition of a “dangerous weapon” we bring you a blog about Minnesota Criminal Law… with a twist. We realize it is no longer May 4th (May the 4th be with you) so this blog may not be
- [Defenses for Criminal Assault Charges](https://bkdefense.com/defenses-for-criminal-assault-charges/) - Last time I laid out the basics of criminal assault in Minnesota. In this article, I will outline some common defenses when a person is charged with assault. Self Defense A defendant can argue self-defense when he or she agrees that act of assault occurred, but claims that it was justified by the other person's threatening
- [I got a DWI. What did the officer need to pull me over?](https://bkdefense.com/i-got-a-dwi-what-did-the-officer-need-to-pull-me-over/) - Although we all like to think that we are the best driver and that there is no cause for the police to pull you over, you may be surprised just how little it takes for a police officer to legally conduct a traffic stop. Police may stop you in your car if they have “specific
- [Can the Government Force you to Stay at Home During the COVID-19 Pandemic?](https://bkdefense.com/can-the-government-force-you-to-stay-at-home-during-the-covid-19-pandemic/) - Can the government force you to stay at home under an executive order? Yes, both federal and state governments have the power to enforce social isolation and self-quarantine, effectively limiting citizens to their homes. While this effort is meant to protect the public from those who have contracted a disease, the power can even extend
- [Levels of murder applied to George Floyd case](https://bkdefense.com/levels-of-murder-applied-to-george-floyd-case/) - Following the tragic death of George Floyd, many wondered whether Derek Chauvin would be charged with murder, and if so, what degree of murder would he be charged with. After finding out Derek Chauvin was charged with 2nd degree murder, 3rd degree murder, and 2nd degree manslaughter, you might be wondering, why? Many people know
- [The Office Provides Insight into Criminal Damage to Property](https://bkdefense.com/the-office-provides-insight-into-criminal-damage-to-property/) - The Office is an iconic television series that was known for placing its characters in awkward and uncomfortable situations. In the episode “Dinner Party,” Michael (the boss) invites his employees over for a relaxing get-together where Michael attempts to solicit funds for his ex-boss/girlfriend Jan’s failing candle company. Instead of a relaxing dinner party, Michael’s
- [Nicole Gets Client’s Case Expunged](https://bkdefense.com/nicole-gets-clients-case-expunged/) - Date: October 2024 Case: Dangerous Weapon Violation Attorney: Nicole A. Kettwick Result: Nicole’s juvenile client was charged in Anoka County with a Dangerous Weapon Violation after they posted a video to social media. Nicole got a great result for the client on the previous criminal matter and then continued to work with the client to
- [DWI Charges Reduced to Careless Driving](https://bkdefense.com/dwi-charges-reduced-to-careless-driving-3/) - Mike Brandt’s client was charged with a DWI for an incident that occurred in Andover, Minnesota (Anoka County) in May of 2017. Mike’s client had been at a golf event and a 911 caller reported that he was driving erratically. Mike’s client was arrested and submitted to a breath test which showed an alcohol level
- [Young Thug's Got a New Celly](https://bkdefense.com/young-thugs-got-a-new-celly/) - Attorney-client meetings just got a whole lot easier for rapper Young Thug and his lawyer, Brian Steel. On Monday, June 10th, Steel was ordered to be held in contempt by Judge Ural Glanville at the Fulton County Jail. According to some reports, Steel received permission to share a cell with his client, so their preparation
- [What is Going on in the Death of George Floyd Case?](https://bkdefense.com/what-is-going-on-in-the-death-of-george-floyd-case/) - Many people, specifically Minnesotans, recall George Floyd’s death this last May. Nearly 10 months later, the criminal trial of former Minneapolis Police officer Derek Chauvin, who is accused of causing George Floyd’s death, is underway. So, what is really going on in that trial? First, it is important to know what Mr. Chauvin has been
- [Can I get a DWI if I take prescription drugs?](https://bkdefense.com/can-i-get-a-dwi-if-i-take-prescription-drugs/) - Under Minnesota law, it is a crime to drive, operate, or be in physical control of any motor vehicle if your body contains any amount of a Schedule I or II controlled substance other than marijuana or its derivatives. Schedule I or II substances not only include illicit substances such as heroin, LSD, and Ecstasy,
- [What To Do If You See a Pet in A Hot Car Unattended](https://bkdefense.com/what-to-do-if-you-see-a-pet-in-a-hot-car-unattended/) - As summer rolls around, many people across Minnesota are hitting the road to the lake, to the park, or to spend time with family, and they are bringing their pets along with them. With the increase in traveling, however, the risk of coming across a pet left alone in a hot car also goes up.
- [Domestic Violence and the Holidays](https://bkdefense.com/domestic-violence-and-the-holidays/) - The holidays. A time of gift giving, celebrating, and spending time with loved ones. Alcohol pours and spirits rise as a new year approaches. However, the holidays can also bring about a significant amount of stress and tension. Experts say the end of the year creates a toxic storm, with alcohol mixing with financial stress
- [Halloween Terrors - The Most Common Crimes Committed On Halloween](https://bkdefense.com/halloween-terrors-the-most-common-crimes-committed-on-halloween/) - Halloween festivities have been a long-standing tradition in America since the later part of the 19th Century. Adults, teens, and children alike dress in costumes, trick-or-treat, carve jack-o-lanterns, tell ghost stories, and eat sweet treats. Yet, parties and pranks are not the only mischiefs occurring during the night of “All-Hallows-Eve.” While approximately 175 million Americans
- [Nicole Get's Client Discharged from Probation 10 Years Early](https://bkdefense.com/nicole-gets-client-discharged-from-probation-10-years-early/) - Date: October 2023 Case: Motion for Early Discharge from Probation on Third Degree Criminal Sexual Conduct Charge Attorney: Nicole Kettwick Result: Nicole’s client was placed on supervised probation for 15 years after receiving a stay of adjudication on a third degree criminal sexual conduct offense. A work opportunity came up, but the probation interfered with his ability
- [Big Changes to Minnesota Criminal Laws in 2023 Legislative Session](https://bkdefense.com/big-changes-to-minnesota-criminal-laws-in-2023-legislative-session/) - The 2023 legislative session was a busy one for Minnesota's elected officials. The DFL-controlled House and Senate passed many bills tweaking old laws and adding brand-new ones. Here are some of the most important things to know about the new criminal bills passed by the legislature: Cannabis This year Minnesota became the 23rd state
- [Minnesota Court of Appeals Holds that to Properly Prosecute the Crime of Solicitation for Prostitution, the Solicitation Must be Done in a Public Place According to the Statute](https://bkdefense.com/minnesota-court-of-appeals-holds-that-to-properly-prosecute-the-crime-of-solicitation-for-prostitution-the-solicitation-must-be-done-in-a-public-place-according-to-the-statute/) - On March 16, 2020 the Minnesota Court of Appeals decided a case regarding Minnesota Statute section 609.324, subdivision 2(2) (2018). A person violates this statue only if, while in a public place, the person hires, offers to hire, or agrees to hire another person to engage in sexual penetration or sexual contact. The case1 was
- [Underage Drinking and Driving charges removed from client’s driving record](https://bkdefense.com/underage-drinking-and-driving-charges-removed-from-clients-driving-record/) - Mike Brandt’s client was charged with Underage Drinking and Driving from an incident where he was found by the police with his car stuck on the ice of the lake. Mike’s client was under 18 and had been consuming alcohol. Because of the zero tolerance for drinking under 21, Mike’s client was charged with Underage
- [Minnesota DWI Defense Lawyer](https://bkdefense.com/minnesota-dwi-defense-lawyer/) - Have you been arrested of a DUI? Is this your first offense? Are you unsure whether to hire a lawyer, to accept the consequences, or to try to defend yourself? When it comes to first degree DUI offenses, it may seem like a waste of time and money to hire a Minnesota DWI attorney. After
- [Statute of Limitations: Part 1 – Crimes with No Limitation](https://bkdefense.com/statute-of-limitations-part-1-crimes-with-no-limitation/) - Generally speaking, there are timelines outlined by law governing when criminal offenses can be charged by the State of Minnesota. Those timelines are called the “statute of limitations” and they start running once the crime itself occurs. However, there are exceptions to this general rule. There are crimes which have no limitations period under Minnesota
- [What Do I Do if I Think I Have an Alcohol Problem?](https://bkdefense.com/what-do-i-do-if-i-think-i-have-an-alcohol-problem/) - At different times in one’s life, you or someone you know may be negatively affected by alcohol. You are not alone. Understanding the impact of alcohol misuse or abuse — not only on your life but on the lives of those around you — is the first step to getting back on track. Statistics show
- [Minnesota Serial Killers: Part 1 – Paul Michael Stephani](https://bkdefense.com/minnesota-serial-killers-part-1-paul-michael-stephani/) - Ever wonder if Minnesota has been terrorized by a serial killer? Or perhaps Minnesota is where a serial killer calls home? This blog series will explore serial killers that either have roots in Minnesota or have preyed on Minnesota residents. Part one covers Paul Michael Stephani, who is more commonly known as the “Weepy-Voiced Killer.”
- [Nicole Nichols Gets Domestic Assault Charge Continued for Dismissal in Anoka County](https://bkdefense.com/nicole-nichols-gets-domestic-assault-charge-continued-for-dismissal-in-anoka-county/) - Nicole’s client was drinking with his girlfriend and an argument broke out between the two of them. Her client was alleged to have pushed her multiple times, causing her to black out, and causing damages to her home. Her client was later arrested for 5th degree domestic assault. Nicole hired a private investigator and took
- [Jury Acquitted Client of Felony Third Degree Assault Charge](https://bkdefense.com/jury-acquitted-client-of-felony-third-degree-assault-charge/) - Nicole Kettwick’s client went to test drive a vehicle in Ham Lake when he broke off the key in the door of the vehicle prior to test-driving it. The owner of the dealership confronted him about it and Nicole’s client punched him in the head, knocking him out sending him to the ground. One of
- [Some Important Lessons for Avoiding a DWI on Cinco de Mayo](https://bkdefense.com/some-important-lessons-for-avoiding-a-dwi-on-cinco-de-mayo/) - Did you know that on Cinco de Mayo, you are celebrating the Mexican Army’s defeat over the French at the Battle of Pueblo?! In reality, Cinco de Mayo has become a day to celebrate Mexican heritage, and for many, to consume margaritas. As many of you have learned the hard way, tequila can lead to
- [Can you get a DWI on a lime scooter?](https://bkdefense.com/can-you-get-a-dwi-on-a-lime-scooter/) - Although it is still unclear, the answer is likely no. Minnesota DWI laws say it is a crime for any person to drive, operate, or be in physical control of any “motor vehicle” while impaired. Minn. Stat. § 169A.20. The answer to this question comes down to whether a lime scooter is considered a “motor
- [MN Supreme Court Rules a Conviction is Necessary in Vehicle Forfeitures in DWIs](https://bkdefense.com/mn-supreme-court-rules-a-conviction-is-neccesary-in-vehicle-forfeitures-in-dwis/) - If you are charged with a DWI in the state of Minnesota and your vehicle is subject to forfeiture, you have the right to challenge the State’s forfeiture attempt and demand a judge to review your claim. The Minnesota Supreme Court recently ruled that the State may only forfeit your vehicle when you are convicted of a 'designated
- [How Far is Riot Far?](https://bkdefense.com/how-far-is-riot-far/) - The United States is currently facing uncertainty with the country’s future after the 2020 election. Emotions are running high and within these next few days, many will want to invoke their First Amendment right of Freedom of Speech. But, before acting on a whim, think twice and consider the legal consequences of your actions, such
- [I hit a piece of property while driving – what am I obligated to do? Can I be charged with a hit-and-run?](https://bkdefense.com/i-hit-a-piece-of-property-while-driving-what-am-i-obligated-to-do-can-i-be-charged-with-a-hit-and-run/) - Minnesota Statute Section 169.09 explains when drivers must stop after a collision. Many are aware that when a driver hits another vehicle, they are required to stop to avoid a “hit-and-run.” However, many people do not realize that “hit-and-runs” extend to property such as trees, mailboxes, or other property a driver may hit. If the
- [Order for Protection Dismissed After Trial](https://bkdefense.com/order-for-protection-dismissed-after-trial/) - Date: October 2020 Case: Order for Protection Attorney: Nicole A. Kettwick Result: Nicole’s client was served with an Order for Protection in Ramsey County. Nicole fought this case in an evidentiary hearing. She presented favorable evidence, cross examined the petitioner, and called witnesses of her own. The Court ultimately ruled in Nicole’s client’s favor and dismissed the Order for Protection.
- [Nicole’s Client Avoids DWI Conviction](https://bkdefense.com/nicoles-client-avoids-dwi-conviction-2/) - Date: November 2022 Case: Fourth Degree DWI, Underage Consumption Attorney: Nicole Kettwick Result: Nicole’s client was facing two counts of Fourth Degree DWI and one count of Underage Consumption in Kandiyohi County. Based on Nicole’s discussions with the prosecutor and the client’s proactive steps, Nicole was able to negotiate a dismissal of both DWI charges and the Underage Consumption charge. Instead, the client was convicted of careless driving and sentenced to just 1 year of remaining law abiding.
- [Extradition Matter Successfully Resolved](https://bkdefense.com/extradition-matter-successfully-resolved/) - Mike Brandt’s client was arrested in Hennepin County, Minnesota, on an extradition matter based upon a Warrant out of the State of Colorado. When he was arrested, Mike’s client was in town for business and the arrest caused a great deal of problems. Because of the underlying charge in Colorado, the Colorado authorities were requesting
- [Felony DWI Charges Dismissed](https://bkdefense.com/felony-dwi-charges-dismissed/) - Mike Brandt represented a client in Isanti County, Minnesota, on charges of felony DWI from an incident occurring in October of 2017. Mike’s client was stopped on a rural road in Isanti County for speeding. After the officer made contact with her, he did not observe any odor of alcohol, bloodshot eyes, slurred speech or
- [Odor of Marijuana Alone is Not a Basis to Search a Motor Vehicle.](https://bkdefense.com/odor-of-marijuana-alone-is-not-a-basis-to-search-a-motor-vehicle/) - Today the Minnesota Supreme Court ruled that the odor of marijuana in a motor vehicle, by itself, does not allow police to search the vehicle. In State v. Torgeson, Mr. Torgeson was stopped by the police for having improper lighting on his vehicle. When the police spoke with Mr. Torgeson they detected the odor of
- [Should Your Halloween Include More Tricks Than Treats...](https://bkdefense.com/should-your-halloween-include-more-tricks-than-treats/) - The city of Anoka enjoys a long and rich history with Halloween. As the ghoulish day approaches, we at Brandt Kettwick Defense want to recognize this history and provide some useful tips should your celebration turn frightful. Over 100 years ago, Anoka held their first Halloween parade as a deterrent from the pranks of the
- [Mike’s Client Avoids Serving Jail Time on Fourth DWI](https://bkdefense.com/mikes-client-avoids-serving-jail-time-on-fourth-dwi/) - Date: September 2020 Case: Gross Misdemeanor DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with Gross Misdemeanor DWI in Hennepin County. This was the client’s fourth DWI, and second within 10 years with a very high alcohol reading. Mike’s client was facing a mandatory 90 day sentence but with the client’s proactive steps, Mike was able to negotiate a resolution with the State where Mike’s client was sentenced to 60 days on electronic home monitoring and four years of probation.
- [Mike Secures Continuance for Dismissal on Careless Driving Charge](https://bkdefense.com/mike-secures-continuance-for-dismissal-on-careless-driving-charge/) - Date: July 2021 Case: Careless Driving Attorney: Michael J. Brandt Result: Mike’s client was charged with Misdemeanor Careless Driving after making a 270 degree turn in his almost-empty school parking lot. Mike planned to take the case to trial. However, just before trial, Mike again spoke with the prosecutor and convinced her to agree to a Continuance for Dismissal on the charge. This means if Mike’s client successfully completes the conditions placed on him by the prosecutor, the charge will be automatically dismissed in 6 months. Mike’s client avoided a conviction on his record and did not have to admit to any wrongdoing.
- [DWI Charge & Driver’s License Revocation Reduced](https://bkdefense.com/dwi-charge-drivers-license-revocation-reduced-2/) - Date: January 2020 Case: Gross Misdemeanor Third Degree DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with a Gross Misdemeanor Third Degree DWI in Wright County from November 2018. After challenging legal issues in the case, Mike negotiated a plea to the reduced charge of Misdemeanor Fourth Degree DWI. This resulted in a lower level of conviction and no jail time. Mike also challenged the two year revocation of his client’s license and successfully fought it down to only one year.
- [Court of Appeals Affirms 30-day deadline to challenge loss of driving privileges after a DWI is an absolute](https://bkdefense.com/court-appeals-affirms-30-day-deadline-challenge-loss-driving-privileges-dwi-absolute/) - In the legal world, deadlines are deadlines are deadlines (almost always). This is especially true when it comes to filing an implied consent petition which is usually filed in conjunction with a DUI case and today, the Minnesota Court of Appeals reiterated this message while it applied the 30 day hard-and-fast deadline to unique case:
- [Mike’s Client has Felony Charges Dismissed in Anoka County](https://bkdefense.com/mikes-client-has-felony-charges-dismissed-in-anoka-county/) - Date: July 2020 Case: Controlled Substance Attorney: Michael Brandt Result: Mike’s client was charged with possession of a Controlled Substance in the 5th Degree in Anoka County. Originally, an agreement was reached with the prosecutor for a stay of adjudication which means Mike’s client would have plead to the offense, but the Court would not have accepted the plea and the charges would have been dismissed after 1 year as long as the client met certain conditions. However, since the charges stemmed from a 2011 incident and the current controlled substance statute was not applicable back in 2011, the prosecutor agreed to dismiss the charges. Mike’s client was thrilled with the dismissal and looks forward to moving on from these charges.
- [When will I spend a night in jail for a DWI?](https://bkdefense.com/when-will-i-spend-a-night-in-jail-for-a-dwi/) - When can I be arrested for driving under the influence? First, it is important to note that not everyone who is arrested will spend the night in jail. Sometimes a person will be released after being arrested . You will be arrested for a DWI if the officer can show probable cause for intoxicated driving.
- [Mandatory Penalties for a Second Time DWI](https://bkdefense.com/mandatory-penalties-for-a-second-time-dwi/) - DWI offenses come with many nuances depending on the specific situation. However, Minnesota laws do require some penalties once you get a second offense. If you are convicted of Driving While Impaired (DWI), often called Driving Under the Influence (DUI), within ten years of a prior impaired driving incident () there are mandatory minimum penalties
- [Constitutionality of Minnesota DWI Test Refusal Criminal Statute Argued at U.S. Supreme Court](https://bkdefense.com/constitutionality-minnesota-dwi-test-refusal-criminal-statute-argued-u-s-supreme-court/) - The United States Supreme Court heard oral arguments today about the constitutionality of criminal DWI test refusal statutes. In Minnesota, when a driver has been arrested on probable cause for driving while impaired, a police officer can require the driver to take a test to determine blood alcohol concentration. The officer tells the driver he or she can consult with an attorney first, but must either consent to the test or be charged with a crime for refusing. If the driver refuses to submit to the test, he or she can be charged with a gross misdemeanor, which carries a maximum criminal penalty of up to 365 days in jail and a $3,000 fine. Currently, in Minnesota, officers are required to obtain warrants before forcing suspected drunk drivers to submit to blood or urine tests under the penalty of law. But officers do not need warrants for breath tests.
- [Theft Charges Continued for Dismissal in Anoka County](https://bkdefense.com/theft-charges-continued-for-dismissal-in-anoka-county/) - Nicole Nichols' client was charged with theft for taking multiple items from a Walmart. A secret shopper followed her around the store, and she was arrested after exiting, which eventually resulted in the city prosecutor charging Nicole's client with misdemeanor theft. Once Nicole got involved in the case, she investigated the facts, showed the prosecutor
- [Mike’s Client Avoids DWI Conviction](https://bkdefense.com/mikes-client-avoids-dwi-conviction-2/) - Date: February 2020 Case: GM Third Degree DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with Gross Misdemeanor Third Degree DWI in August 2019 after an incident in Pipestone County. After reviewing the case and raising certain legal issues, Mike was successful in reaching a favorable resolution where the DWI charges were reduced to Misdemeanor Careless Driving. Mike’s client avoided a DWI conviction and avoided any consequences on his out of state license.
- [Cloud Storage is Being Scanned for Child Sexual Abuse Images](https://bkdefense.com/cloud-storage-is-being-scanned-for-child-sexual-abuse-images/) - Many people use a cloud-based service to back up their electronic devices, including smartphones. This cloud-based storage may be scanned for illegal images involving children. A recent Daily Mail Article revealed that Apple Inc., the technology company responsible for manufacturing iPhone’s, scans photos uploaded to the iCloud storage system to detect and report images of
- [Mike Helps Client to Avoid a DWI Conviction](https://bkdefense.com/mike-helps-client-to-avoid-a-dwi-conviction/) - Date: May 2020 Case: Fourth Degree DWI, Fourth Degree DWI, Misdemeanor Fleeing, Failure to Notify Owner of Damaged Property & Texting While Driving Attorney: Michael J. Brandt Result: Mike’s client was charged with two counts of Fourth Degree DWI, Fleeing, Failure to Notify Owner of Damaged Property & Texting While Driving after an incident occurring in Anoka County in September of 2019. Mike was able to negotiate a favorable resolution in this case. Mike’s client pled by mail to a reduced charge of Misdemeanor Careless Driving, with no jail time. The client also plead to Fourth Degree DWI with a Stay of Adjudication. This means that after the client successfully completes 1 year of unsupervised probation, the charge will be dismissed.
- [Understanding the Basics: What is the Difference Between a DWI and DUI?](https://bkdefense.com/understanding-the-basics-what-is-the-difference-between-a-dwi-and-dui/) - DWI stands for “Driving While Impaired” and DUI stands for “Driving Under the Influence.” While these have slightly different wording, for legal purposes in Minnesota, there actually is not a difference between these two acronyms. The words are used interchangeably and stem from the wording the DWI statute used historically (driving under the influence vs. driving while impaired) but both mean the same thing. However, what is important is that there can be two different counts when a driver is charged with DUI / DWI (though these charges “merge” together if a person is convicted of one).
- [What if I get 3 DUIs in Minnesota in 10 years?](https://bkdefense.com/what-if-i-get-3-duis-in-minnesota-in-10-years/) - Driving while impaired (“DWI”), or sometimes referred to as “DUI,” comes with various consequences, including both administrative and criminal. And as with other crimes, the severity of such consequences increase with repeat offenses, which means they are enhanceable crimes. Administrative Consequences Administrative consequences are imposed by the Minnesota Department of Public Safety. They are imposed
- [Nicole’s Client Avoids Conviction in “Providing Alcohol to a Minor” Case](https://bkdefense.com/nicoles-client-avoids-conviction-in-providing-alcohol-to-a-minor-case/) - Date: October 2020 Case: Purchase/Sell/Give Alcohol to a Minor Attorney: Nicole A. Kettwick Result: After driving with his underage girlfriend and getting pulled over on a college campus, Nicole’s client was charged with a gross misdemeanor purchase/sell/barter/furnish/give liquor to a someone under the age of 21. However, Nicole was able to convince the prosecutor to maintain her client’s clean record through a “stay of adjudication.” This means that if Nicole’s client successfully completes probation, the gross misdemeanor charge will be dismissed, and he will avoid a conviction on his record.
- [Understanding the Basics: Prostitution Charges in Minnesota](https://bkdefense.com/understanding-the-basics-prostitution-charges-in-minnesota/) - Several police departments in Minnesota are currently using large prostitution sting operations, ranging from southern Minnesota to the metro area. These sting operations are often accomplished by law enforcement using ads on craigslist.com and backpage.com, and they have resulted in several people being charged with prostitution accross the state. While the “basics” of prostitution in Minnesota are complex, understanding how prostitution be charged by law enforcement and what the penalties are can help clear up confusion.
- [Mike Brandt helps client avoid felony drug charges in Anoka County](https://bkdefense.com/mike-brandt-helps-client-avoid-felony-drug-charges-in-anoka-county/) - Mike’s client was arrested for possession of a controlled substance. Normally this is a situation where the client would be facing a felony charge of Controlled Substance Crime in the Fifth Degree, which has a maximum penalty of five years in prison, a $10,000.00 fine, or both. However, after the client’s arrest Mike got involved before the client was charged and immediately had the client do some proactive things such as obtain a chemical dependency assessment, attend the class that was recommended, and privately give multiple uranalysis tests to show that he was not using drugs.
- [Juvenile Controlled Substance Charge Dismissed for Mike Brandt’s Client](https://bkdefense.com/juvenile-controlled-substance-charge-dismissed-for-mike-brandts-client/) - Date: September 2019 Case: Juvenile Gross Misdemeanor Fifth Degree Controlled Substance Attorney: Michael J. Brandt Result: Mike’s client was charged with Fifth Degree Controlled Substance in Wright County. Mike successfully negotiated a Stay of Adjudication for his client, meaning that after successful completion of a six month probation, the judge would dismiss the charges. This allowed Mike’s client the opportunity to keep her criminal record clear.
- [What is Disorderly Conduct?](https://bkdefense.com/what-does-disorderly-conduct-mean/) - Disorderly conduct is a misdemeanor offense frequently charged alongside many other offenses, such as assault, unlawful assembly, or domestic assault. But what exactly is disorderly conduct? Minnesota Statue 609.72 criminalizes and defines disorderly conduct: “Whoever does any of the following in a public or private place, including on a school bus, knowing or having reasonable
- [Nicole Nichols gets Domestic Assault Dismissed the Morning of Trial](https://bkdefense.com/nicole-nichols-get-domestic-assault-dismissed-the-morning-of-trial-in-anoka-county/) - Nicole's client was charged with domestic assault in Anoka County after allegedly pushing his girlfriend down some stairs, threatening to murder her, and dragging her across his yard. Nicole's client went to his first court appearance alone and realized he needed a lawyer. He hired Nicole and together they made a plan. Nicole conducted an
- [Client Avoids a DWI Conviction with Mike’s Assistance](https://bkdefense.com/client-avoids-a-dwi-conviction-with-mikes-assistance/) - Date: October 2019 Case: Fourth Degree DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with a Misdemeanor Fourth Degree DWI after an incident occurring in Hennepin County. Through negotiations and proactive steps, Mike was able to obtain a resolution that resulted in the Fourth Degree DWI charge being dismissed and his client pleading to a Carless Driving charge. The client was able to avoid a DWI charge and any additional jail time.
- [Can I Be Pulled Over for Something Hanging From my Rear-View Mirror?](https://bkdefense.com/can-i-be-pulled-over-for-something-hanging-from-my-rear-view-mirror/) - Yes, any obstruction in your windshield area or rearview mirror area is a violation of Minnesota Statute § 169.71.1(a)(2). The exact language says, “a person shall not drive or operate any motor vehicle with any objects suspended between the driver and windshield.” The statute also prohibits cracks in a windshield which limit or obstruct proper
- ["Indefinite" Jailing in Mississippi and Minnesota’s 36/48 Hour Rule](https://bkdefense.com/indefinite-jailing-mississippi-minnesotas-3648-hour-rule/) - The New York Times reports that Scott County in Mississippi is jailing people “indefinitely” without access to legal counsel until they are indicted. Minnesota’s 36/48-hour rule prevents this injustice from occurring (Rule 4, Minnesota Rules of Criminal Procedure). The rule states that when someone is arrested, they must either be charged or released within
- [U.S. Supreme Court Requires Intent for Criminal Threats](https://bkdefense.com/u-s-supreme-court-requires-intent-for-criminal-threats/) - The United States Supreme Court ruled today that in cases of criminal threats, the communicator’s intent matters more than the receiver’s interpretation. In the case at issue, Elonis v. U.S. (No. 13-983), Anthony Elonis was prosecuted for making threatening communications, under 18 U.S.C. § 875(c). Elonis posted statements on Facebook after his wife left him
- [Understanding the Basics: Hit-and-Run in Minnesota](https://bkdefense.com/understanding-the-basics-hit-and-run-in-minnesota/) - Car accidents are, by nature, unexpected. So it makes sense that in the stress and confusion of an accident people forget to take basic steps to avoid further issues accidents bring. While accidents do not automatically implicate criminal culpability, they can trigger criminal charges if not dealt with properly. Understanding the basics on hit and run can help avoid criminal charges, and if you are charged with Hit and Run, then speaking with a criminal defense attorney can mitigate or avoid criminal consequences.
- [Nicole Secures Dismissal for Client in Domestic Assault Case](https://bkdefense.com/nicole-secures-dismissal-for-client-in-domestic-assault-case/) - Date: December 2020 Case: Domestic Assault Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with Domestic Assault after a disagreement with her granddaughter led to her granddaughter pressing charges against her two days later. Nicole and her team interviewed witnesses and gathered evidence which she sent to the prosecutor and the prosecutor agreed to dismiss the case..
- [Nicole Secures Stay of Adjudication for Felony Traffic Charge](https://bkdefense.com/nicole-secures-stay-of-adjudication-for-felony-traffic-charge/) - Date: February 2025 Case: Felony Traffic Collision-Driver Fail to Stop-Injury or Death Attorney: Nicole Kettwick Result: Nicole’s Client faced felony traffic charges after an evening incident on Interstate 94. Though the client unknowingly stuck a pedestrian and left the scene, Nicole successfully helped her client avoid a conviction. Despite objections from the victims, she convinced
- [Nicole wins Order for Protection Hearing and Keeps Felony off Client's Record](https://bkdefense.com/nicole-wins-order-for-protection-hearing-and-keeps-felony-off-clients-record/) - Nicole’s client's wife called the police alleging he hit his 3-year-old daughter and filed an order for protection against him. Nicole and her client prepared for the order for protection hearing and eventually got the order dismissed. Her client also faced criminal charges for a Felony Malicious Punishment of a Child and Gross Misdemeanor Malicious
- [Nicole Kettwick's client gets no jail and small fine for second degree DWI charge](https://bkdefense.com/nicole-kettwicks-client-gets-no-jail-and-small-fine-for-second-degree-dwi-charge/) - Date: May, 2019 Attorney: Nicole Kettwick City/County: City of St. Paul, Ramsey County Charges: Second Degree DWI Result: Nicole’s client was facing up to 6 years of probation, a minimum fine of $900, and minimum jail time of one year. After suggesting her client complete a MADD Victim Impact Panel, Drug and Alcohol Assessment, and Driving with Care class, Nicole was able to negotiate a rare outcome for her client. Nicole’s client received 28 days of electronic home monitoring, 2 years of unsupervised probation, and a reduced fine of $300.
- [Nicole Kettwick Argues on Behalf of her Client at the Minnesota Court of Appeals](https://bkdefense.com/nicole-kettwick-argues-on-behalf-of-her-client-at-the-minnesota-court-of-appeals/) - Nicole Kettwick, shown above, after advocating on behalf of her client at the Minnesota Court of Appeals. After winning a Harassment Restraining Order at the District Court, she appeared in front of the three Appellate Justices to defend the District Court’s ruling. June 2019 (update): The Minnesota Court of Appeals agrees with Nicole Kettwick and
- [Nicole Nichols gets felony second degree assault charges reduced to a misdemeanor; keeps client out of prison in Carver County](https://bkdefense.com/nicole-nichols-keeps-client-out-of-prison-and-avoids-second-degree-assault-conviction-in-carver-county/) - Nicole's client was facing up to seven years in prison after allegedly firing a gun after an altercation at work. Nicole hired a private investigator and worked closely with her client to prepare a defense. Her client was in a unique situation because he was not a citizen and a conviction could result in her
- [Paul Secures Stay of Adjudication for Felony Burglary Case](https://bkdefense.com/paul-secures-stay-of-adjudication-for-felony-burglary-case/) - Date: April 2025 Case: Felony Burglary — 2nd Degree — Dwelling Attorney: Paul L. Young Result: Paul’s client was facing Felony burglary charges after an incident was caught on home security footage. Paul worked closely with his client and prosecution to ultimately secure a stay of adjudication. Upon successful completion of probation, the case will
- [Nicole Successfully Challenges Restitution in Anoka County](https://bkdefense.com/nicole-successfully-challenges-restitution-in-anoka-county/) - Date: May 2021 Case: Restitution Attorney: Nicole Kettwick Result: Nicole’s client disagreed with a restitution amount requested by a victim in his case. She requested lost wages among other things totaling close to $7,000. Nicole challenged the amount and cross examined the victim at a contested hearing. After the hearing the Judge agreed with Nicole and vacated all restitution, saving our client the $7,000.
- [What is Disorderly Conduct?](https://bkdefense.com/what-is-disorderly-conduct/) - Types of Disorderly Conduct Crimes Disorderly conduct is a misdemeanor crime. Minnesota Statute 609.72 defines disorderly conduct. According to the statue, you can be found guilty of disorderly conduct if you take any action that you know (or should know) that will alarm, anger or disturb others or that will instigate an assault or a “breach
- [Nicole Kettwick Admitted into United States Supreme Court](https://bkdefense.com/nicole-kettwick-admitted-into-united-states-supreme-court/) - Nicole Kettwick was recently admitted to the United States Supreme Court. Already admitted to the Minnesota Supreme Court and Eighth Circuit Court of Appeals, she appeared before the U.S. Supreme Court Justices in Washington, D.C. alongside her dad, Don Nichols, who moved for her admission.
- [Mike Secures Stay of Adjudication for Gross Misdemeanor Theft](https://bkdefense.com/mike-secures-stay-of-adjudication-for-gross-misdemeanor-theft/) - Date: June 2021 Case: Gross Misdemeanor Theft Attorney: Michael J. Brandt Result: Mike’s client was charged with Gross Misdemeanor Theft for allegedly “tag switching” more than $500 worth of items at a department store. Mike explained the proactive steps his client had taken since the incident to the prosecutor. Mike successfully negotiated a Stay of Adjudication, where Mike’s client pled guilty to the charge but the judge agreed to not accept the plea and, instead, placed Mike’s client on probation for 1 year. Upon successful completion of probation, the charge will be dismissed and Mike’s client will avoid a conviction.
- [New Expungement Ruling, A Felony is a Felony](https://bkdefense.com/comes-expungement-felony-felony-felony/) - The recent Minnesota Court of Appeals ruling in State v. S.A.M. will have a big impact on Minnesotans seeking to expunge felony convictions. Unless the felony is one of those listed in Minn. Stat. § 609A.02, subd. 3(b), the conviction is not eligible for expungement.
- [Feeling Lucky Tonight? The Consequences of Getting a DWI on St. Patrick’s Day](https://bkdefense.com/feeling-lucky-tonight-the-consequences-of-getting-a-dwi-on-st-patricks-day/) - St. Patrick’s Day is known as a popular drinking holiday. But is it worth it to drink and drive tonight? Here are some consequences of getting a DWI on St. Patrick’s Day. Jail Time It’s not a given that you’ll spend time in jail if you are arrested for a DWI. However, you will be
- [Juvenile Crime: New Policies](https://bkdefense.com/juvenile-crime-new-policies/) - Tuesday night community members in Hennepin County came together to voice concerns around the continuing issues of juvenile crime in the twin cities. This listening session is one of a series of such meetings as twin cities communities are grappling with the issues of increased juvenile offenses. Law Enforcement is targeting juvenile crime through Operation
- [Minneapolis Aquatennial: Celebrating 83 Years](https://bkdefense.com/minneapolis-aquatennial-celebrating-83-years/) - Every year the mpls downtown council sponsors the Minneapolis Aquatennial to celebrate the twin cities' beautiful lakes, rivers and streams. Originally established in 1940, to overshadow the Teamsters Picnic, an annual event commemorating the numerous union victories for laborers following the tragic events of “Bloody Friday” in 1934, it has since evolved into the one
- [2023 Anoka Food Truck Festival](https://bkdefense.com/2023-anoka-food-truck-festival/) - Anoka Food Truck Festival There is no better way to discover food than stopping by your local food truck for lunch. The City of Anoka takes this very seriously and for the 6th year in a row will be welcoming the 2023 Anoka Food Truck Festival on August 19th from 11 AM to 9 PM,
- [Anoka City Council Approves New Social District](https://bkdefense.com/anoka-city-council-approves-new-social-district/) - Starting September 6, 2023 the Anoka Social District will officially begin its trial period. Social District hours will be 10 a.m. to 10 p.m. every day through October 7, 2023. The trial period will kick off with the Bad Behavior concert, part of Anoka's Rockin' on the Rum summer concert series. The measure was initially
- [When you Tailgate with Taylor Swift…](https://bkdefense.com/when-you-tailgate-with-taylor-swift/) - Everyone across the country has heard about the love affair between singer Taylor Swift and Kansas City Chiefs tight end Travis Kelce. The Grammy-winning singer and songwriter has attended two consecutive Chiefs games in the past two weeks in Chicago and New York, and Minnesotans are expecting Taylor to make an appearance in Minneapolis this
- [Trick or Treat: Know How Far You Can Go!](https://bkdefense.com/trick-or-treat-know-how-far-you-can-go/) - Part of what makes Halloween fun is both the tricks and the treats! However, sometimes the tricks can land you in more trouble than you bargained for. In Minnesota, vandalism and damage to property is charged in four degrees, depending on how expensive it is to repair or replace whatever was damaged. For all charges
- [Minnesota’s New No-Knock Warrant Statute](https://bkdefense.com/minnesotas-new-no-knock-warrant-statute/) - On May 19, 2023, Governor Tim Walz signed into law the amendments to Minnesota Statute 626.14, titled Time and Manner of Service; No-Knock Search Warrants. These amendments went into effect on August 1, 2023. The changes to the statute include amendments to the language in Subdivisions 2 and 3, as well as the addition of
- [New Year, New You! – Are You Eligible for Expungement?](https://bkdefense.com/new-year-new-you-are-you-eligible-for-expungement/) - 2023 was a big year for Minnesota Legislation, including fresh changes and additions to Minnesota’s expungement laws. Expungement is the sealing of an individual’s criminal record, which prevents public access to the record absent a court order. Your criminal record includes charges you have been convicted of, as well as charges you faced that were
- [School Bus Stops: What Drivers Need to Know](https://bkdefense.com/school-bus-stops-what-drivers-need-to-know/) - Have you ever wondered about the rules for stopping when encountering a school bus? If so, you're not alone. Familiarizing yourself with the proper protocols mandated by Minnesota law is essential to ensure the safety of children on school buses and to avoid the potential criminal consequences of failing to stop when legally required to
- [Minnesota’s Open Container Law: Who Gets the Ticket and When Does the Law Apply?](https://bkdefense.com/minnesotas-open-container-law-who-gets-the-ticket-and-when-does-the-law-apply/) - Criminal Liability Minnesota’s DWI laws make it illegal to operate a motor vehicle while under the influence of alcohol. However, Minnesota’s Open Container laws can punish sober drivers and passengers for having an open alcohol container in their car. In terms of criminal liability, Minnesota’s law applies equally to drivers and passengers. This means that
- [Super Bowl 101: Tailgating Without a Ticket](https://bkdefense.com/super-bowl-101-tailgating-without-a-ticket/) - Super Bowl Sunday is a beloved American holiday, often celebrated with good food, drinks, and most importantly, football! It’s a day when football fans everywhere gather to watch the game and sometimes get a little rowdy. Statistics show that there may be an uptick in crime on Super Bowl Sunday. In preparation for hosting this
- [Presidents! They’re Just Like Us – Former Presidents and Their Legal Woes](https://bkdefense.com/presidents-theyre-just-like-us-former-presidents-and-their-legal-woes/) - As Presidents’ Day approaches, it’s not only a time to celebrate the leaders who have shaped our nation, but also a time to reflect on our former Presidents and the legal challenges they faced. Throughout history, presidents have navigated complex legal landscapes, often finding themselves at the center of controversies and facing scrutiny from the
- [Pulled Over and Questioned for Suspicion of DWI? Know Your Rights!](https://bkdefense.com/pulled-over-and-questioned-for-suspicion-of-dwi-know-your-rights/) - Pulled Over and Questioned for Suspicion of DWI? Know Your Rights! Police officers can stop a vehicle when they have a reasonable suspicion that the driver is violating the law. This can range from something as minor as touching the fog line to something more severe, such as a motor vehicle accident. Once stopped by
- [Mike Brandt Discusses his Experience with Eric Nelson, Derek Chauvin’s Defense Attorney](https://bkdefense.com/mike-brandt-discusses-his-experience-with-eric-nelson-derek-chauvins-defense-attorney/) - The Washington Post interviewed Attorney Mike Brandt to gain insight into Derek Chauvin’s defense attorney, Eric Nelson. Mike Brandt, as a former colleague of Eric Nelson, tells the Washington Post to not underestimate Mr. Nelson. While Mr. Nelson may appear outnumbered, that is not the case, as he is always “thinking three or four moves
- [Nicole Kettwick Begins Term as HCBA President](https://bkdefense.com/nicole-kettwick-begins-terms-as-hcba-president/) - On June 8th the Hennepin County Bar Association hosted its annual Breakfast Awards ceremony. At this Ceremony, current HCBA President Landon Ascheman ceremonially handed over the gavel to our own Nicole Kettwick, who will begin her term as HCBA President on July 1st. Join us in congratulating Nicole on this outstanding achievement! Kettwick leads Hennepin
- [Nicole Kettwick's Article is Published in Hennepin Lawyer](https://bkdefense.com/nicole-kettwicks-article-is-published-in-hennepin-lawyer/) - Nicole is the current HCBA President and recently published an article in the Hennepin Lawyer, "A Shocking Reminder," about kindness and the heavy emotional burden that lawyers take on. Recent headlines emphasize a growing need for community support and resources among lawyers. Click here to read the entire article.
- [Is It Illegal to Lie to the Police?](https://bkdefense.com/is-it-illegal-to-lie-to-the-police/) - The short answer is—sometimes. There are three general circumstances when lying to the police is considered a crime in Minnesota: Lying about your identity; Filing a false police report or lying about police misconduct; and Lying under oath (perjury). Lying About your Identity In Minnesota, it is a misdemeanor to give a fictitious name, date
- [Mike Brandt's MSBA Presentation](https://bkdefense.com/mike-brandts-msba-presentation/) - "Professor" Mike Brandt presented yesterday at the Minnesota State Bar Association's Criminal Law seminar, "Everything But the Trial School." He talked about tips and tricks for effective motion practice, based on his many years of experience.
- [Minnesota Supreme Court Considering Online Publication of Court Records](https://bkdefense.com/minnesota-supreme-court-considering-online-publication-of-court-records/) - Last week, the Minnesota Supreme Court heard final arguments regarding proposals to increase the amount of court records that are published online. Currently, court dispositions can be viewed online. But to see court records, such as criminal complaints or reports, one can only view them at a Minnesota courthouse, and must pay about $10 or
- [Do you take prescription medication? Beware.](https://bkdefense.com/do-you-take-prescription-medication-beware/) - Today the Minnesota Court of Appeals ruled that the State of Minnesota can revoke a person's driving privileges for testing positive for any amount of a schedule I or II Controlled Substance (examples include Adderall, Concerta, Dilaudid, Oxycontin, Percocet, and many more) even if they are taking the medication as prescribed by a doctor. See Dornbusch
- [Minnesota Department of Human Services Disqualifications](https://bkdefense.com/minnesota-department-of-human-services-disqualifications/) - The Minnesota Department of Human Services (DHS) conducts background studies on individuals before they can provide any direct contact services or, in the case of nursing homes or boarding care homes, before they can access residents and their belongings. This applies to facilities licensed by DHS, the Minnesota Department of Health (MDH), the Department of Corrections (for programs serving youth and children), and non-licensed personal care provider organizations. The background study is thorough and includes criminal history from the Bureau of Criminal Apprehension and records from county adult and child protection services, DHS, and MDH.
- [Puff, Puff, PASSED: Minnesota Becomes 23rd State to Legalize Marijuana](https://bkdefense.com/puff-puff-passed-minnesota-becomes-23rd-state-to-legalize-marijuana/) - Minnesota Governor Tim Walz just signed the legislature’s HF100 bill legalizing the recreational use of marijuana in Minnesota. Beginning August 1, adults over the age of 21 may possess up to two ounces of cannabis flower in a public place, and up to two pounds of cannabis flower in an individual’s private residence. One may
- [What Differentiates Misdemeanor Theft Charges from Felony Theft Charges?](https://bkdefense.com/what-differentiates-misdemeanor-theft-charges-from-felony-theft-charges/) - What Are Types of Felony Thefts in Minneapolis, MN Minnesota has different thresholds to separate the severity of theft crimes. Generally, if the value of the property or services taken is less, then the criminal penalties are less severe. See the table below for a breakout of these thresholds. Stolen Property Crime Max Penalties Firearm;
- [What is the difference between decriminalized and legal marijuana?](https://bkdefense.com/what-is-the-difference-between-decriminalized-and-legal-marijuana/) - In honor of 4/20, (okay, maybe a little after 4/20…) Brandt Kettwick Defense is here to explain the differences between legalized marijuana, decriminalized marijuana, and medical marijuana so you can celebrate responsibly. It is important to know that, as of now, only medical marijuana and THC infused edibles with less than 5mg per serving are legal in
- [“Mom, I’m in jail…”](https://bkdefense.com/mom-im-jail/) - It's 1:43 am and your phone is ringing. Your stomach drops. This can't be good news, and it's not. A loved one is calling from the police department saying they have just been arrested for DWI, and they want to get out ASAP. What can you do?
- [How Long Will I Lose My Driver’s License if Convicted of Criminal Vehicular Operation?](https://bkdefense.com/long-will-lose-drivers-license-convicted-criminal-vehicular-operation/) - Criminal Vehicular Operation convictions carry with them not only the possibility of incarceration, but also mandatory driver’s license revocations. How long that revocation period will be depends on a number of factors. For a typical case: Incidents involving “great bodily harm” require a revocation of not less than six years. Incidents involving “bodily harm” or
- [Potential New Guidelines that Would Cap Probation Sentences at Five Years](https://bkdefense.com/potential-new-guidelines-that-would-cap-probation-sentences-at-five-years/) - On January 9, 2020, the Minnesota Guidelines Commission approved guidelines that would cap probation sentences for most felony offenders at five years. Certain offenses, such as homicides, criminal sex offenses, and criminal vehicular homicide, would be exempt from the cap. There would be some exceptions for judges who can depart from the cap when public
- [Are collateral consequences considered during sentencing?](https://bkdefense.com/are-collateral-consequences-considered-during-sentencing/) - It is no secret that people do not always face the same consequences for committing the same crimes. Whether it be racial disparity, economic inequality, or something else entirely, there are always factors to consider when analyzing what affects sentencing outcomes. What are collateral consequences? Imagine that two young men are both arrested for the
- [Brandt at Criminal Justice Institute](https://bkdefense.com/brandt-at-criminal-justice-institute/) - BCD was fully represented at this year's Criminal Justice Institute, presented by Minnesota CLE. Mike Brandt presented on "Pre-Trial Polygraph Testing" Nicole Kettwick moderated a panel titled "What We’ve Learned from Our First Trial" Mike Brandt and Eric Bain presented on "Asset Forfeitures Under MN Statute §609" You can find more information about CJI here:
- [Immigration Consequences for Criminal Activity](https://bkdefense.com/immigration-consequences-for-criminal-activity/) - You’ve been arrested and you are not a citizen of the United States, what do you do and what can you expect? To begin, it is important to note that a criminal defense attorney is not necessarily an expert in immigration laws, even though they are an expert in defending criminal charges. It is always
- [Understanding the Basics: Public Urination in Minnesota](https://bkdefense.com/understanding-the-basics-public-urination-in-minnesota/) - Given that many dogs are legally required to be on a leash in many cities (including Minneapolis, it may seem like a safe assumption that a dog’s life is more regulated than a human’s. Yet, in one area of criminal law, the opposite is true: Public Urination. That’s right, where a dog is free to pee in Minnesota, a human may be charged with a misdemeanor.
- [Hunting Season in Scope](https://bkdefense.com/hunting-season-in-scope/) - On August 1, The Minnesota Department of Natural Resources (DNR) released new hunting regulations for the 2023 deer hunting season. First, blaze orange is now required on all public grounds. The blaze orange material must be at least 144 square inches and visible from all directions. In the past, blaze orange was only recommended, but
- [Complimentary expungements to the first 50 qualified front-line workers](https://bkdefense.com/complimentary-expungements-to-the-first-50-qualified-front-line-workers/) - Brandt Kettwick Defense is offering a temporary promotion to assist front-line workers with expunging their criminal records. We would like to extend complimentary expungements to the first 50 qualified front-line workers who apply. Expungement eligibility is governed by Minnesota statutes and the process can vary depending on the level of your offense and how it
- [Nicole's Q&A with Minnesota Lawyer](https://bkdefense.com/nicoles-qa-with-minnesota-lawyer/) - Nicole sat down for some icebreakers with a Minnesota Lawyer regarding her term as President of the Hennepin County Bar Association. Check it out here.
- [Mike Brandt Explains Minnesota Supreme Court Ruling on the Odor of Marijuana Alone Being Insufficient Justification for Police to Search a Vehicle](https://bkdefense.com/mike-brandt-explains-minnesota-supreme-court-ruling-on-the-odor-of-marijuana-alone-being-insufficient-justification-for-police-to-search-a-vehicle/) - Attorney Mike Brandt appears on KARE11 to discuss the Minnesota State Supreme Court's Ruling on State v. Torgerson. The State Supreme Court ruled that the smell of marijuana alone is not enough for law enforcement to expand the scope of a traffic stop to search a vehicle. While it can be one of multiple factors,
- [Autumn Gets Misdemeanor Traffic Charges Dismissed](https://bkdefense.com/autumn-gets-misdemeanor-traffic-charges-dismissed/) - Date: July 2025 Case: Misdemeanor Traffic Collision and Driver Must Carry Proof of Insurance Attorney: Autumn R. Stokes Result: Autumn’s client was facing Misdemeanor Traffic charges after an incident in a parking lot. Thanks to Autumn’s persistent advocacy, thorough preparation, and strategic litigation, the charges were dismissed, ensuring the client’s record remains unblemished.
- [Autumn Secures Stay of Adjudication for 5th Degree Assault Case](https://bkdefense.com/autumn-secures-stay-of-adjudication-for-5th-degree-assault-case/) - Case: Misdemeanor 5th Degree Assault Date: May 2025 Attorney: Autumn R. Stokes Result: Autumn’s client was facing 5th Degree Assault charges after an altercation that took place at his residence. Through her adept litigation, she negotiated a stay of adjudication for a charge of Disorderly Conduct, and upon successful completion of probation, the case will
- [Autumn’s Client Avoids Gross Misdemeanor Conviction for School Bus Arm Violation](https://bkdefense.com/autumns-client-avoids-gross-misdemeanor-conviction-for-school-bus-arm-violation/) - Date: July 2025 Case: Gross Misdemeanor- Failure to Stop for School Bus Arm with Child Present Attorney: Autumn R. Stokes Result: Autumn’s client was facing a Gross Misdemeanor charge for failing to stop for a school bus arm with a child present — an offense that also triggered a mandatory 90-day license suspension. Thanks to Autumn’s persistent advocacy
- [Autumn Secures Not Guilty Verdict for Traffic Charge](https://bkdefense.com/autumn-secures-not-guilty-verdict-for-traffic-charge/) - Date: June 2025 Case: Misdemeanor Duty to Drive with Due Care Attorney: Autumn R. Stokes Result: Autumn’s client was charged with a Misdemeanor Duty to Drive with Due Care after a rear-end collision in the City of Blaine. Through Autumn’s thorough preparation, strategic negotiations, and persuasive courtroom advocacy, her client proceeded to a court trial
- [Nicole Secures Dismissal for Malicious Punishment of a Child Case](https://bkdefense.com/nicole-secures-dismissal-for-malicious-punishment-of-a-child-case/) - Date: July 2025 Case: Gross Misdemeanor-Malicious Punishment of a Child Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with Gross Misdemeanor Malicious Punishment of a Child and the case was set for trial. Nicole and her team conducted witness interviews, gathered key exhibits, and filed pretrial motions in preparation. Ultimately, the prosecutor dismissed all
- [Autumn Negotiates Continuance for Dismissal in Theft Case](https://bkdefense.com/autumn-negotiates-continuance-for-dismissal-in-theft-case/) - Date: June 2025 Case: Misdemeanor Theft Attorney: Autumn R. Stokes Result: Autumn’s client was facing Misdemeanor Theft charges after an incident at work. After emphasizing the legal issues and the equitable arguments in the case, Autumn was able to negotiate a continuance for dismissal for her client, meaning after one year the charge will be
- [Autumn Helps Client Avoid Conviction for Domestic Assault Charge](https://bkdefense.com/autumn-helps-client-avoid-conviction-for-domestic-assault-charge/) - Date: June 2025 Case: Misdemeanor Domestic Assault Attorney: Autumn R. Stokes Result: Autumn’s client was facing a Domestic Assault charge after a disagreement with their former partner. Through her skilled negotiations and guiding them through proactive steps, she was able to obtain a stay of adjudication. After successfully completing one year of probation, their case
- [Nicole’s Client Avoids Domestic Conviction in Scott County](https://bkdefense.com/nicoles-client-avoids-domestic-conviction-in-scott-county/) - Date: September 2021 Case: Domestic Assault Attorney: Nicole Kettwick Result: Nicole Kettwick’s client was charged with Domestic Assault in Scott County. Based on the proactive efforts of Nicole and her client, the State agreed to resolve the case with a Disorderly Conduct. As part of the plea agreement, her client was not sentenced to any jail time.
- [Mike Reduces DWI Charge from a Gross Misdemeanor to a Misdemeanor](https://bkdefense.com/mike-reduces-dwi-charge-from-a-gross-misdemeanor-to-a-misdemeanor/) - Date: August 2021 Case: 3rd Degree DWI Attorney: Mike Brandt Result: Mike was retained to assist a client charged with Gross Misdemeanor Third-Degree DWI. Mike’s client had gotten into an accident and her BAC tested at 0.17. Mike was able to negotiate the charge down to a Misdemeanor Fourth-Degree DWI. As a result, Mike’s client was ordered to complete community service and pay a fine instead of serving any jail time.
- [Nicole Saves Client’s Nursing License in Theft Case](https://bkdefense.com/nicole-saves-clients-nursing-license-in-theft-case/) - Date: September 2021 Case: Felony Theft Attorney: Nicole Kettwick Result: Nicole’s client faced felony theft allegations causing her to lose her job as a nurse after her ex-fiancé’s family accused her of stealing. Nicole worked with her client for over two years to fight these charges. On the eve of trial, they reached a favorable resolution where her client paid restitution and the State dismissed the case. Nicole’s client did not have to plead guilty or admit to wrongdoing and was not convicted of the offense. After paying the restitution, Nicole’s client was able to get a new job and, one year from now, she will be eligible for an expungement.
- [Mike Helps Client Avoid a Felony Conviction](https://bkdefense.com/mike-helps-client-avoid-a-felony-conviction/) - Date: October 2021 Case: Threats Involving Real or Simulated Weapons of Mass Destruction Attorney: Mike Brandt Result: Mike was retained to help a client fight a case of Terroristic Threats and Threats Involving Real or Simulated Weapons of Mass Destruction. Mike discussed the legal issues in the case with the prosecutor and was able to reach a resolution where Mike’s client plead guilty to Disorderly Conduct. Mike’s client was able to avoid a felony conviction, served no jail, and received one year probation. Fun Fact: No one has ever been sentenced under Minnesota’s Threats Involving Real or Simulated Weapons of Mass Destruction statute.
- [Felony Drug Charged Reduced to a Petty Misdemeanor](https://bkdefense.com/felony-drug-charged-reduced-to-a-petty-misdemeanor/) - Date: August 2021 Case: 5th Degree Controlled Substance Attorney: Mike Brandt Result: Mike Brandt’s client was charged with a felony 5th Degree drug charge based upon a quantity of marijuana that was found in his client’s vehicle during a traffic stop. After reviewing the evidence, Mike filed a motion to dismiss the charges based upon illegal conduct by the police. Based upon this motion, the prosecutor agreed to amend the charge to one of a petty misdemeanor possession of a small amount of marijuana. Mike’s client paid a $50 fine and was not subject to probation or any other conditions.
- [Mike Secures a Downward Dispositional Departure](https://bkdefense.com/mike-secures-a-downward-dispositional-departure/) - Date: August 2021 Case: First-Degree Controlled Substance Sale Attorney: Mike Brandt Result: Mike was retained to assist a client charged with First-Degree Controlled Substance in Douglas County. Based upon his client’s record, Mike’s client was looking at a sentence of 75 months in prison. However, based upon legal issues that Mike raised and the steps Mike’s client took to rehabilitate himself, Mike was able to negotiate a downward dispositional departure and his client was able to avoid prison time. Instead of prison, the client was placed on probation for 10 years. In addition to this charge, Mike was also successful in getting his client discharged from probation on 2 felonies and also succeeded in persuading a prosecutor to dismiss another drug case based upon his client’s plea to the First Degree charge.
- [Nicole Secures Continuance for Dismissal on HRO](https://bkdefense.com/nicole-secures-continuance-for-dismissal-on-hro/) - Date: July 2021 Case: HRO Attorney: Nicole A. Kettwick Result: Nicole’s client was served with a Harassment Restraining Order (HRO) after a past relationship he had with a family friend’s minor daughter was revealed to her parents. Nicole negotiated with petitioners of the HRO during the hearing and reached an agreement called a continuance for dismissal. This means that if Nicole’s client complies with the conditions of the HRO during the remaining 1-year period, the HRO will be automatically dismissed.
- [Nicole’s Client Receives Continuance for Dismissal in Hennepin County](https://bkdefense.com/nicoles-client-receives-continuance-for-dismissal-in-hennepin-county/) - Date: July 2021 Case: Theft Attorney: Nicole Kettwick Result: Nicole Kettwick’s client was charged with Misdemeanor Theft in Hennepin County. After reviewing the evidence and allowing time for her client to take proactive steps to address their conduct, Nicole reached out to the prosecutor about a possible resolution. Nicole highlighted her client’s lack of criminal history and progress since this incident. Based on their discussions, Nicole was able to get the prosecutor to agree to a Continuance for Dismissal. This means that Nicole’s client will have their case “continued” for 1 year and after 1 year, if her client does not commit a same or similar offense, the charge will be dismissed.
- [Mike Secures Stay of Adjudication on Reckless Driving Charge](https://bkdefense.com/mike-secures-stay-of-adjudication-on-reckless-driving-charge/) - Date: July 2021 Case: Reckless Driving Attorney: Michael J. Brandt Result: Mike’s client crashed into a street sign and tree after speeding down a neighborhood street. Mike’s client was charged with Misdemeanor Reckless Driving and Misdemeanor Speeding. Mike explained various details about the legal issues in the case to the prosecutor and negotiated a Stay of Adjudication. As part of the negotiation, the prosecutor also agreed to dismiss the Misdemeanor Speeding charge. Mike’s client pled guilty to Misdemeanor Reckless Driving but the Court Stayed adjudication of this offense, meaning the Court did not accept his plea and did not convict him. Instead, Mike’s client was placed on supervised probation for 1 year. If Mike’s client successfully completes all conditions of probation, the charges will be dismissed in 1 year and Mike’s client will avoid a conviction on his record.
- [Mike Helps Client Avoid Conviction & Deportation](https://bkdefense.com/mike-helps-client-avoid-conviction-deportation/) - Date: October 2021 Case: 2nd Degree Assault & Threats of Violence Attorney: Mike Brandt Result: Mike was retained to help a client fight case of Second Degree Assault and Threats of Violence. As trial approached, Mike was able to negotiate a favorable resolution for the client that would not risk the client being deported. Mike’s client received a Continuance for Dismissal on both charges. As a result, Mike’s client was placed on probation for 2 years. Upon successful completion of probation, the charges against Mike’s client will be dismissed automatically.
- [Nicole Gets All Charges Dismissed for Client](https://bkdefense.com/nicole-gets-all-charges-dismissed-for-client/) - Date: April 2021 Case: Threats of Violence and Domestic Assault Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with Felony Threats of Violence and Domestic Assault when his wife angrily called the police on him when he was sleeping. Despite her client’s criminal history, he had started his own business and was on a good path when he was faced with these charges. Through the client’s continuing proactive steps and negotiations with the prosecutor by Nicole, Nicole was able to secure a dismissal of all charges for her client. Through this resolution, Nicole’s client can continue on the positive path he is leading.
- [Nicole Secures Continuance for Dismissal on Theft Case](https://bkdefense.com/nicole-secures-continuance-for-dismissal-on-theft-case/) - Date: October 2021 Case: Theft Attorney: Nicole Kettwick Result: Nicole’s client was accused of “skip-scanning” groceries at a local grocery store after spending over $200 on groceries in Hennepin County. Facing a charge of misdemeanor theft, Nicole negotiated with the prosecutor and reached a resolution of a continuance for dismissal for her client. Her client did not have to appear in court and did not have to go through a jury trial; instead, after about a year where Nicole’s client is to not commit any similar offenses, the charge will be dismissed.
- [Felony Assault reduced to a Stay of Adjudication on a Misdemeanor](https://bkdefense.com/felony-assault-reduced-to-a-stay-of-adjudication-on-a-misdemeanor/) - Date: April 2021 Case: Domestic Assault – By Strangulation Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with a Felony Domestic Assault by Strangulation and faced an uncertain jury trial ahead of him. Due to her client’s limited criminal history and proactive steps, Nicole was able to negotiate with the prosecutor to achieve a resolution that allowed her client to avoid jail time and move on from this difficult time with only one year on probation and a stay or adjudication on a misdemeanor for one year. After the one year of successful probation, Nicole’s client’s amended misdemeanor charge will be dismissed.
- [Felony Drug Charges and DWI Dismissed](https://bkdefense.com/felony-drug-charges-and-dwi-dismissed/) - Date: April 2021 Case: DWI and Felony Possession of a Controlled Substance Attorney: Nicole A. Kettwick Result: Nicole’s client was pulled over by the police after driving home from work late one night in Anoka County. Upon her arrest for a DWI, the officers searched her car and found marijuana brownies and prescription medications for someone else. Nicole’s client then faced Felony Possession of a Controlled Substance and Gross Misdemeanor DWI charges. As Nicole’s client had a family and risked losing time with her daughter with these charges, Nicole challenged the legality of the stop of her client’s car. After a judge ruled that the stop by the police violated Nicole’s client’s 4th amendment rights, all the evidence after the stop was inadmissible for the coming trial. This led the prosecutor to dismiss all the charges and allowed Nicole’s client to move on from this tough time in her life without a conviction on her record. She also filed an Implied Consent Challenge/Petition for judicial review after the State revoked her driver’s license. Nicole ultimately won this case on the same issue and her client avoided a DWI on her driving record and she was able to get her license back.
- [Gross Misdemeanor DWI Charges Dismissed](https://bkdefense.com/gross-misdemeanor-dwi-charges-dismissed-2/) - Date: April 2021 Case: Third Degree DWI Attorney: Mike Brandt Result: Mike’s client was charged with Third Degree DWI and his driving privileges were also revoked for 1 year as a result of testing over twice the legal limit. Mike challenged the seizure of his client and argued that it was illegal and that the evidence should be suppressed. The Judge ultimately agreed with Mike’s arguments, suppressed the evidence, and dismissed the charges. After this, Mike challenged the revocation of his client’s license in civil court and also won a rescission of his client’s driving privileges.
- [Nicole Secures Continuance for Dismissal in Domestic Assault Case](https://bkdefense.com/nicole-secures-continuance-for-dismissal-in-domestic-assault-case/) - Date: March 2021 Case: Domestic Assault Attorney: Nicole A. Kettwick Result: After an altercation with her boyfriend, Nicole’s client faced a domestic assault and risked losing her job. With the client’s proactive steps, Nicole was able to negotiate with the prosecutor and get her client a continuance for dismissal. This means her client’s case will be dismissed in one year without the client having to admit any fault on her end, which will allow Nicole’s client to maintain her employment without any problems.
- [Nicole Gets Ignition Interlock Violation Dismissed for Client](https://bkdefense.com/nicole-gets-ignition-interlock-violation-dismissed-for-client/) - Date: March 2021 Case: Ignition Interlock Violation Attorney: Nicole A. Kettwick Result: After Nicole’s client was pulled over by the police for an issue with her tabs, she was charged with an ignition interlock violation, even though Nicole’s client had completed the program. Through negotiations with the prosecutor and legal research, Nicole was able to secure a dismissal for her client.
- [Domestic Assault Charges Continued for Dismissal](https://bkdefense.com/domestic-assault-charges-continued-for-dismissal-7/) - Date: March 2021 Case: Gross Misdemeanor Domestic Assault Attorney: Mike Brandt Result: Mike was retained to represent a client on Gross Misdemeanor Domestic Assault charges. After reviewing all the evidence and having discussions with the prosecutor about the legal issues in the case, we reached a resolution for a continuance for dismissal. This means that the client’s case was continued one year at which then it will be dismissed. No conviction will appear on the client’s record and in 1 year the case will be fully dismissed.
- [Nicole’s Client Secures Dismissal in Domestic Assault by Strangulation Case](https://bkdefense.com/nicoles-client-secures-dismissal-in-domestic-assault-by-strangulation-case/) - Date: December 2021 Case: Domestic Assault by Strangulation Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with felony domestic assault by strangulation. Because of her client’s proactive steps, and their investigation Nicole was able to negotiate a continuance for dismissal on a misdemeanor level charge. This means that after successful completion of 1 year of probation, the charge will be dismissed.
- [Theft Charge Reduced to Disorderly Conduct Charge](https://bkdefense.com/theft-charge-reduced-to-disorderly-conduct-charge/) - Date: March 2021 Case: Avoided Theft Charge Attorney: Mike Brandt Result: Mike’s client was charged with theft after attempting to steal an item from a Walmart store. Mike reached out to the prosecutor in this case and explained the proactive steps his client had taken since the incident, discussed the legal issues in the case, and ultimately came to a resolution where Mike’s client pled to a reduced charge of disorderly conduct and the theft charge was dismissed. As part of the plea to disorderly conduct, Mike’s client avoided any jail time, paid a small fine, and will be off probation once he pays his fine.
- [Nicole Helps Client Avoid Domestic Assault Conviction](https://bkdefense.com/nicole-helps-client-avoid-domestic-assault-conviction/) - Date: March 2021 Case: Domestic Assault Attorney: Nicole A. Kettwick Result: After a night of drinking with her friend and ex-husband at a local bar and restaurant, Nicole’s client was charged with domestic assault when her ex-husband suffered a head injury. Nicole took witness statements and secured a favorable negotiation to a stay of adjudication on a lesser charge of disorderly conduct, which avoided a conviction for domestic assault.
- [Gross Misdemeanor Damage to Property and Domestic Assault Reduced to Disorderly Conduct](https://bkdefense.com/gross-misdemeanor-damage-to-property-and-domestic-assault-reduced-to-disorderly-conduct/) - Date: March 2021 Case: Criminal Damage to Property, Domestic Assault Attorney: Nicole A. Kettwick Result: After facing charges of criminal damage to property and domestic assault from a fight at home where a phone was broken and 911 was called, Nicole’s client was arrested and faces 4 criminal charges. Despite the tense relationship between the alleged victim and Nicole’s client, Nicole negotiated a stay of adjudication on a lesser charge of disorderly conduct for her client. This means that her client pled guilty to disorderly conduct, the other charges were dismissed, but was not convicted of any of the charges. As long as her client completes one year of probation, the remaining charge will be dismissed, and he will avoid a criminal conviction.
- [Mike’s Client Acquitted in Third Degree DWI Case](https://bkdefense.com/mikes-client-acquitted-in-third-degree-dwi-case/) - Date: December 2021 Case: Third Degree DWI, Fourth Degree DWI, Open Container Attorney: Michael J. Brandt Result: Mike was retained to represent a client in a DWI case with three charges: Third Degree DWI, Fourth Degree DWI, and Open Container. Mike took the case to a jury trial, where his client was acquitted of all charges.
- [Downward Departure after Road Rage Incident](https://bkdefense.com/downward-departure-after-road-rage-incident/) - Date: February 2021 Case: Felony Threats of Violence Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with Felony Threats of Violence after a road rage incident where another vehicle on the highway thought Nicole’s client pulled a gun on them. Nicole worked with her client to complete some proactive steps which allowed Nicole to negotiate a “downward departure” resolution. This resolution allowed her client to avoid a felony and any jail time as long as he successfully completes two years of probation.
- [Nicole’s Juvenile Client Avoids Felony Conviction](https://bkdefense.com/nicoles-juvenile-client-avoids-felony-conviction/) - Date: February 2021 Case: Juvenile Felony Theft of a Motor Vehicle and Felony Damage to Property Attorney: Nicole A. Kettwick Result: After a joyriding incident with someone else’s car turned into the car exploding, Nicole’s client faced two felony charges in juvenile court. Nicole worked with the prosecutor to reach an agreement called a stay of adjudication, which meant that her client pled guilty to one count, but the Court did not convict her client and instead placed him on probation. Instead, after successful completion of one year of probation, the remaining charge against her client will be dismissed. This resolution allowed her client to avoid a conviction and juvenile detention altogether.
- [OFP Dismissed and conviction avoided after Domestic Assault charges](https://bkdefense.com/ofp-dismissed-and-conviction-avoided-after-domestic-assault-charges/) - Date: February 2021 Case: Domestic Assault and OFP Attorney: Nicole A. Kettwick Result: After an incident with his girlfriend, Nicole’s client, a father with no criminal history, was charged with domestic assault and received an Order for Protection (OFP) filed against him. Nicole communicated with the Petitioner (person who filed the OFP against her client) and it was ultimately dismissed. Nicole gathered letters of support from his family and friends and, after negotiations with the prosecutor, was able to secure a stay of adjudication for her client on a lesser charge of disorderly conduct. After completing one year on probation the charge against Nicole’s client will get dismissed and he will be able to keep a conviction off of his record.
- [Mike’s Client Avoids Charges](https://bkdefense.com/mikes-client-avoids-charges/) - Date: February 2021 Case: Criminal Sexual Conduct Attorney: Mike Brandt Result: Mike’s client began working with Mike while under investigation for allegations of inappropriate physical contact with his daughter. By hiring Mike before charges had been brought, Mike and his team worked to call numerous agencies involved in the charging process. Mike remained informed about the investigative process and did what he could to refute the allegations. Through these proactive contacts, CPS closed their investigation and no criminal charges were brought against his client.
- [Gross Misdemeanor Sex Charge Reduced](https://bkdefense.com/gross-misdemeanor-sex-charge-reduced/) - Date: January 2022 Case: Fifth Degree Criminal Sexual Conduct and Fifth Degree Assault Attorney: Mike Brandt Result: Mike’s client was charged with Fifth Degree Criminal Sexual Conduct, a gross misdemeanor, and Fifth Degree Assault, a misdemeanor. Based on his client’s proactive steps and legal issues he raised, Mike was able to negotiate a dismissal of the Gross Misdemeanor Criminal Sexual Conduct charge and his client pled to a misdemeanor where they were put on probation for 1 year.
- [Mike’s Client is Sentenced to No Jail Time on Gross Misdemeanor DWI](https://bkdefense.com/mikes-client-is-sentenced-to-no-jail-time-on-gross-misdemeanor-dwi/) - Date: October 2020 Case: Gross Misdemeanor DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with two DWI Gross Misdemeanors in Sherburne County for testing over .16. Mike’s client also had a prior DWI which normally would result in jail time in Sherburne County. However, with the affirmative steps taken by the client, Mike was able to negotiate a resolution with the State where Mike’s client pled to one count and the other count was dismissed. Mike’s client was sentenced to no jail time and four years of probation. Mike’s client is also currently enrolled in the ignition interlock program, allowing the client to drive during the revocation period.
- [Mike Secures Dismissal in Driving After Cancellation Case](https://bkdefense.com/mike-secures-dismissal-in-driving-after-cancellation-case/) - Date: January 2022 Case: Driving After Cancellation – Inimical to Public Safety Attorney: Mike Brandt Result: Mike’s client faced a gross misdemeanor charge of driving after cancellation after a miscommunication with the Department of Public Safety, who thought that Mike’s client had not abided by certain requirements for ignition interlock and insurance. Also, Mike’s client was on probation in two other counties, and a violation on either would result in serious consequences. With this in mind, Mike negotiated with the prosecutor and was able to get them to agree to dismiss the charge against his client. This means that his client will not have to worry about how this charge will affect his probation.
- [Domestic Charge Dismissed, Serious Consequences Avoided](https://bkdefense.com/domestic-charge-dismissed-serious-consequences-avoided/) - Date: January 2022 Case: Domestic Assault and Disorderly Conduct Attorney: Mike Brandt Result: Mike’s client was facing domestic assault and disorderly conduct charges. A domestic assault conviction could have seriously impacted his client’s career and gun rights. Based on Mike’s negotiations with the prosecutor, he was able to secure his client a continuance for dismissal on the domestic assault charge and just one year of probation on the disorderly conduct charge, thereby avoiding any impact on his client’s career.
- [Nicole Secures Lesser Charge for Client in Hit and Run Case](https://bkdefense.com/nicole-secures-lesser-charge-for-client-in-hit-and-run-case/) - Date: January 2022 Case: Fails to Stop for Collision and Failure to Obey Traffic Control Device Attorney: Nicole Kettwick Result: After Nicole’s client rear-ended a vehicle and left the scene, he faced a misdemeanor charge of failing to stop for a collision and petty misdemeanor charge for going through a red light. With her client’s proactive steps, Nicole was able to negotiate with the prosecutor who agreed to dismiss the petty misdemeanor charge and amend the misdemeanor charge to a petty misdemeanor. With this resolution, her client avoided probation, and only had to pay a minor fine.
- [Nicole helps client avoid 42 months in prison on First Degree DWI](https://bkdefense.com/nicole-helps-client-avoid-42-months-in-prison-on-first-degree-dwi/) - Date: January 2022 Case: First Degree DWI Attorney: Nicole Kettwick Result: Nicole’s client was facing First Degree DWI in Hennepin County with a presumptive sentence of 42 months in prison. Nicole negotiated a dispositional departure and her client did not have to go to prison and instead was on house arrest after 30 days in jail.
- [Nicole’s client’s theft charges continued for dismissal](https://bkdefense.com/nicoles-clients-theft-charges-continued-for-dismissal/) - Date: January 2022 Case: Theft Attorney: Nicole Kettwick Result: Nicole’s client was charged with misdemeanor theft after a misunderstanding from a store in Dakota County. After negotiating with the prosecutor, Nicole was able to secure her client a continuance for dismissal. This means that after 1 year of unsupervised probation, the charge will be dismissed.
- [Mike’s Client Avoids Jail Time on Third DWI](https://bkdefense.com/mikes-client-avoids-jail-time-on-third-dwi/) - Date: September 2020 Case: Misdemeanor DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with two DWI Misdemeanors in Anoka County. This was the client’s third DWI, and with a high alcohol reading. However, with the client’s proactive steps, Mike was able to negotiate a resolution with the State where Mike’s client pled to one count and the prosecutor dismissed the other. The judge accepted the plea agreement between Mike’s client and the State and Mike’s client was sentenced to no jail time and one year of probation.
- [Felony Assault Charges Avoided](https://bkdefense.com/felony-assault-charges-avoided/) - Date: February 2022 Case: Preliminary Felony Assault Attorney: Mike Brandt Result: Mike was retained by a client who was under investigation for possible felony assault charges stemming from a brawl that occurred outside of a bar. Mike was proactive in having his investigator take statements from various witnesses which he provided to the police. Based upon the statements that Mike's investigator provided as well as other information, no charges were filed.
- [Gross Misdemeanor Results in Diversion](https://bkdefense.com/gross-misdemeanor-results-in-diversion/) - Date: February 2022 Case: Gross Misdemeanor Aiding & Abetting in Malicious Punishment of a Child Attorney: Mike Brandt Result: Mike’s client was facing a serious charge of Gross Misdemeanor Aiding & Abetting in Malicious Punishment of a Child. However, based on Mike’s negotiations with the prosecutor, he was able to get his client into a diversion program. This means that after 2 years in the diversion program, the charge will be dismissed.
- [Mike Secures Stay of Adjudication on Domestic Assault Case](https://bkdefense.com/mike-secures-stay-of-adjudication-on-domestic-assault-case/) - Date: February 2022 Case: Domestic Assault Attorney: Mike Brandt Result: Mike represented a client on a Misdemeanor Domestic Assault case. Because of Mike’s negotiations with the prosecutor and his client’s proactive steps, he secured a stay of adjudication for his client. This means that after just one year of probation, the charges will be dismissed and Mike's client will be eligible to have the records expunged (sealed).
- [Gross Misdemeanor Criminal Vehicular Operation Dismissed with Plea to DWI](https://bkdefense.com/gross-misdemeanor-criminal-vehicular-operation-dismissed-with-plea-to-dwi/) - Date: February 2022 Case: Gross Misdemeanor Criminal Vehicular Operation, Fourth Degree DWI Attorney: Nicole Kettwick Result: Nicole’s client faced Gross Misdemeanor Criminal Vehicular Operation and two counts of Misdemeanor Fourth Degree DWI after a boating accident. Because of Nicole’s negotiations with the prosecutor and her client’s proactive steps, the gross misdemeanor criminal vehicular operation charge was dismissed and instead the client plead guilty to a Fourth Degree DWI and was placed on unsupervised probation.
- [Gross Misdemeanor DWI Sentenced to One Day of Probation, Jail Time Avoided](https://bkdefense.com/gross-misdemeanor-dwi-sentenced-to-one-day-of-probation-jail-time-avoided/) - Date: February 2022 Case: Second Degree DWI Attorney: Mike Brandt Result: Mike represented a client facing a Second Degree DWI charge. Mike’s client was facing a mandatory 30-day jail sentence and up to 6 years of probation. Mike was able to resolve his client’s case with 1 day of probation and a fine with no jail time. Mike was also successful in getting a large portion of his client’s bail back that had previously been forfeited due to his client not appearing at a court date.
- [Nicole’s Client Receives Continue for Dismissal in Domestic Assault Case in Hennepin County](https://bkdefense.com/nicoles-client-receives-continue-for-dismissal-in-domestic-assault-case-in-hennepin-county/) - Date: August 2020 Case: Domestic Assault Attorney: Nicole Kettwick Result: Nicole’s client was charged with Misdemeanor Domestic Assault in the city of Champlin in Hennepin County. The incident was fueled by alcohol, her client took proactive steps to address this issue and Nicole believed she would be able to obtain a favorable resolution. Nicole was able to negotiate with the prosecutor and secure a continuance for dismissal for her client. If Nicole’s client follows the conditions set forth by the Court, after 1 year, the charges will be dismissed.
- [Mike’s Client has Felony Charges Reduced in Hennepin County](https://bkdefense.com/mikes-client-has-felony-charges-reduced-in-hennepin-county/) - Date: August 2020 Case: Threats of Violence Attorney: Michael Brandt Result: Mike’s client was charged with Felony Threats of Violence, Felony Fourth Degree Assault, Violation of a DANCO, and Misdemeanor Domestic Assault from the city of Richfield in Hennepin County. Mike negotiated a resolution which involved his client pleading guilty to Threats of Violence and Misdemeanor Domestic Assault, however, the Threats of Violence charge was sentenced as a Gross Misdemeanor, avoiding a felony. As a part of the resolution, Mike was able to negotiation the dismissal of his client’s unrelated Misdemeanor Domestic Assault charge, which stemmed from a separate incident. Mike’s client will avoid a felony conviction and serve no jail time.
- [Mike’s Client has DWI Charges Reduced in Hennepin County](https://bkdefense.com/mikes-client-has-dwi-charges-reduced-in-hennepin-county/) - Date: July 2020 Case: 3rd Degree DWI Attorney: Michael Brandt Result: Mike’s client was charged with 3rd Degree DWI in the city of Champlin in Hennepin County. Based on his client’s high blood alcohol concentration, his client was facing a Gross Misdemeanor DWI conviction. However, due to his client’s limited criminal history and the affirmative steps his client took after the offense, Mike was able to negotiate a resolution where the client pled guilty to a reduced charge of 4th Degree DWI which resulted in no jail time and unsupervised probation.
- [Domestic Assault Charges Dismissed in Dakota County](https://bkdefense.com/domestic-assault-charges-dismissed-in-dakota-county/) - Date: July 2020 Case: DWI and Domestic Assault Attorney: Michael Brandt Result: Mike’s client was charged with 4th Degree DWI and in Misdemeanor Domestic Assault in Dakota County. Mike’s client was proactive at addressing the underlying issues of the offense, which put Mike in a good negotiating position. After negotiating with the prosecutor, Mike was able to secure dismissal of his client’s Domestic Assault charge.
- [Mike’s Client Avoids Conviction in Drug Case](https://bkdefense.com/mikes-client-avoids-conviction-in-drug-case/) - Date: March 2022 Case: Felony Controlled Substance Possession Attorney: Mike Brandt Result: Mike's client was charged with 5 felony counts of Fifth Degree Controlled Substance offenses stemming from the execution of a search warrant. In preparation for the case., Mike challenged the legality of the search warrant and provided the prosecutor with information about his client’s involvement and background. Based on this information, Mike was able to secure a resolution were his client pled guilty to one of the charges and was placed on unsupervised probation for one year with a stay of adjudication. This means that once she is off probation, the charge will be dismissed and she will have the right to have her record expunged.
- [Nicole gets helps client avoid juvenile adjudication and registering as a sex offender, Charges will Eventually be Dismissed](https://bkdefense.com/nicole-gets-helps-client-avoid-juvenile-adjudication-and-registering-as-a-sex-offender-charges-will-eventually-be-dismissed/) - Date: July 2020 Case: 1st Degree Criminal Sexual Conduct Attorney: Nicole Kettwick Result: Nicole’s client was charged with 1st Degree Criminal Sexual Conduct. Nicole’s client is a juvenile and was with a friend when an off color joke with the friend’s little brother led to these extremely serious charges. If convicted, Nicole’s client would have been required to register as a sex offender. After Nicole performed a thorough investigation and her client underwent an examination by a psychologist, with positive results, Nicole was able to begin negotiations with the prosecutor. Based off her negotiations, Nicole was able to secure her client’s placement in a Deferred Adjudication Sex Offender Program. This means that Nicole’s client must comply with the conditions of the program or the Court could accept a guilty plea. Upon successful completion of the program, the charges will be dismissed. The eventual dismissal of the client’s case means the client may move forward from this incident and avoid the serious consequences of being adjudicated delinquent and registering as a sex offender.
- [Continuance for dismissal granted for Mike Brandt's client](https://bkdefense.com/continuance-for-dismissal-granted-for-mike-brandts-client/) - Date: June 2020 Case: Leaving the Scene of an Accident Attorney: Michael Brandt Result: Mike’s client was charged with leaving the scene of an accident from the city of Edina in Hennepin County. Mike was able to secure a “continuance for dismissal” for his client, meaning that the charges against his client will be dismissed in one year as long as his client follows certain conditions.
- [Charges Continued for Dismissal Mille Lacs County](https://bkdefense.com/charges-continued-for-dismissal-mille-lacs-county/) - Date: June 2020 Case: Speeding Ticket Attorney: Mike Brandt Result: Mike’s client was charged with speeding for going 20 mph over the speed limit. Mike reached out to the prosecutor and was able to obtain a continuance for dismissal for his client. This means that in one year the prosecutor will dismiss the case altogether so long as Mike’s client avoids any traffic violations within the year.
- [Felony Charge to be Dropped to a Misdemeanor](https://bkdefense.com/felony-charge-to-be-dropped-to-a-misdemeanor/) - Date: June 2020 Case: Burglary in the First Degree Attorney: Mike Brandt Result: After being charged with Burglary in the First Degree, Mike Brandt’s client faced years in prison. However, by working with the prosecutor and helping his client take proactive steps such as counseling, Mike was able to negotiate a reduced charge of Interference with Privacy. As part of the negotiation, Mike’s client received a Stay of Imposition and was placed on probation. When Mike’s client successfully completes probation, his charge will be dropped down to a misdemeanor offense.
- [Client Avoids Misdemeanor Theft Conviction](https://bkdefense.com/client-avoids-misdemeanor-theft-conviction/) - Date: June 2020 Case: Misdemeanor Theft Attorney: Nicole Kettwick Result: Nicole’s client was charged with Misdemeanor Theft in Anoka County. Due to COVID-19, upcoming court appearances for the case were put on hold. Nicole used this extra time to negotiate a favorable resolution for her client. The prosecutor agreed to a continue for dismissal, meaning the misdemeanor theft charge will be dismissed on June 23, 2021, as long as the client meets certain conditions. These conditions include paying a small fine and committing no same or similar offenses for 1 year. Nicole helped her client achieve their goal of avoiding a conviction.
- [Domestic Assault Charge Reduced to Disorderly Conduct](https://bkdefense.com/domestic-assault-charge-reduced-to-disorderly-conduct/) - Date: April 2022 Case: Domestic Assault, Disorderly Conduct Attorney: Mike Brandt Result: Mike’s client was charged with Domestic Assault for allegedly assaulting his girlfriend, inflicting numerous bruises. Based on his review of the file and investigation, Mike was able to negotiate a reduced charge of Disorderly Conduct with one year of probation.
- [Felony Sex Charges Dismissed resolved as a Gross Misdemeanor](https://bkdefense.com/felony-sex-charges-dismissed-resolved-as-a-gross-misdemeanor/) - Date: April 2022 Case: Sex Trafficking, Third Degree Criminal Sexual Conduct, Financial Fraud Attorney: Mike Brandt Result: Mike’s client was charged with two felony charges: Engaging in Sex Trafficking with an Individual Under 18 Years Old and Third Degree Criminal Sexual Conduct. Mike challenged probable cause for the sex trafficking charge and convinced a judge to dismiss that charge. Mike then successfully brought a motion for a downward durational departure on the remaining count—Third Degree Criminal Sexual Conduct—and convinced the judge to sentence that charge as a Gross Misdemeanor. This avoided a felony conviction on that charge. Mike was also able to convince the prosecutor in another county to dismiss a different felony charge based upon the resolution of the first case.
- [Client avoids jail time after 4th DWI](https://bkdefense.com/client-avoids-jail-time-after-4th-dwi/) - Date: June 2020 Case: Gross Misdemeanor Third Degree DWI Attorney: Nicole Kettwick Result: The State charged Nicole’s client with 2 counts of Third Degree Driving While Impaired in Anoka County. Initially, the State wanted significant jail time due to the three prior DWIs. After the client’s hearing was postponed due to COVID-19, Nicole used the extra time to negotiate a favorable resolution. The Client pled guilty to Third Degree Driving While Impaired, and the other count of Third Degree Driving While Impaired was dismissed. The Client serves no jail time and will be on probation for 3 years. Nicole was able to accomplish the Client’s goals of avoiding jail time and maintaining her current employment.
- [Felony Strangulation Charges Avoided](https://bkdefense.com/felony-strangulation-charges-avoided/) - Date: March 2020 Case: Felony Domestic Assault by Strangulation Attorney: Michael J. Brandt Result: Mike’s client was charged with Felony Domestic Assault by Strangulation after an incident occurring in Hennepin County on July 17, 2019. Mike was successful in negotiating a resolution for a Gross Misdemeanor reduced charge. Mike’s Client was required to serve no jail time and minimal house arrest. This also allows his client to be eligible for an expungement (sealing of the records) in a couple of years.
- [Nicole Kettwick wins dismissal of client's theft and trespass case](https://bkdefense.com/nicole-kettwick-wins-dismissal-of-clients-theft-and-trespass-case/) - Date: March 2020 Case: Theft and Trespass Attorney: Nicole Kettwick Result: Nicole’s client was charged with Theft and Trespass. Nicole filed a Motion with the Court asking that the case be dismissed for lack of probable cause. The State subsequently dismissed the case outright.
- [Nicole Wins 171.19 Petition](https://bkdefense.com/nicole-wins-171-19-petition/) - Date: March 2020 Case: Felony Fleeing a Peace Officer in a Motor Vehicle and Misdemeanor Fourth Degree DWI Attorney: Nicole Kettwick Result: Nicole’s client received two separate license withdrawals for the same offense. She filed for administrative review but the Department of Public Safety upheld their two separate withdrawals. Nicole filed a Petition for Judicial Review in Anoka County and the Court granted Nicole’s Petition thereby reducing the withdrawals to one timeframe, rather than two.
- [Felony Drug Charges Dismissed for Mike’s Client](https://bkdefense.com/felony-drug-charges-dismissed-for-mikes-client/) - Date: March 2020 Case: Controlled Substance Possession, Carrying a Pistol While Under the Influence of Alcohol & Fourth Degree DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with Felony Controlled Substance Possession, Misdemeanor Carrying a Pistol While Under the Influence of Alcohol & Misdemeanor Fourth Degree DWI in Anoka County after an incident occurring on December 20, 2019. Mike effectively negotiated with the prosecutor, resulting in a dismissal of the Felony Controlled Substance charge. The remaining charges resulted in a reduction of the client’s driver’s license revocation, a stayed jail sentence, and minimal imposed fines. His client will lose her permit to carry for only one year as a result of this conviction.
- [Mike Brandt Helps Client Get Early Discharge from Probation](https://bkdefense.com/mike-brandt-helps-client-get-early-discharge-from-probation/) - Date: February 2020 Case: Early Discharge from Probation Attorney: Michael J. Brandt Result: Mike’s client was sentenced to complete 20 years of supervised probation in early 2009. After completing over 10 years of probation without violation, he hired Mike to advocate for his early release. Mike pulled together information regarding his client’s character as well as their performance on probation and argued for his client to be discharged early. After reviewing the documentation and hearing Mike’s argument, the Judge signed an order discharging Mike’s client from probation nearly 10 years early.
- [Client Avoids Criminal Conviction and Probation](https://bkdefense.com/client-avoids-criminal-conviction-and-probation/) - Date: February 2020 Case: Trespass Attorney: Nicole Kettwick Result: Nicole Kettwick’s client was charged with Trespass after a hotel in Washington County called the police when he refused to leave. As part of Nicole’s negotiation, her client received a Petty Misdemeanor Trespass. This resolution allows Nicole’s client to avoid a criminal conviction on his record and being placed on probation.
- [Nicole Secures No Jail Time, No Felony Conviction on Felony DWI Case](https://bkdefense.com/nicole-secures-no-jail-time-no-felony-conviction-on-felony-dwi-case/) - Date: July 2022 Case: Felony DWI Attorney: Nicole Kettwick Result: Nicole’s client was charged with a Gross Misdemeanor DWI from a “BWI” (Boating While Intoxicated) incident in Hennepin County. Nicole worked with her client to get him into treatment and helped him resolve his case at the first appearance, as he wished to put this behind him. Although he has 6 prior DWIs, Nicole was able to resolve the case as a gross misdemeanor just 17 days after her client was charged. Nicole’s client will not serve any time in jail and will not have a felony conviction from this offense.
- [Mike’s Client Avoids Felony Conviction](https://bkdefense.com/mikes-client-avoids-felony-conviction/) - Date: December 2019 Case: Felony 2nd Degree Burglary Attorney: Michael J. Brandt Result: Mike’s client was charged with a Felony Second Degree Burglary Charge in Carver County. Mike assisted his client in getting the charges amended to a Gross Misdemeanor Trespassing. Mike reached a resolution where his client received a Stay of Imposition on the Gross Misdemeanor Trespass charge. This means after successful completion of probation the charges will drop to a misdemeanor conviction.
- [Mike’s Client has DWI Charges Reduced](https://bkdefense.com/mikes-client-has-dwi-charges-reduced/) - Date: December 2019 Case: Gross Misdemeanor Third Degree DWI Attorney: Michael J. Brandt Results: Mike’s client was charged with Third Degree DWI in Anoka County. Mike assisted his client in reaching a resolution where the DWI charges were amended to a Fourth Degree DWI. This meant Mike’s client received a lesser conviction and didn’t have to serve any jail time.
- [Nicole Secures No Felony Conviction, No Jail Time](https://bkdefense.com/nicole-secures-no-felony-conviction-no-jail-time/) - Date: July 2022 Case: Felony Threats of Violence, Misdemeanor Domestic Assault Attorney: Nicole Kettwick Result: Nicole’s client was charged with Felony Threats of Violence and Misdemeanor Domestic Assault. Based on Nicole’s negotiations with the prosecutor, contradicting statements from the victim, and the client’s proactive steps, Nicole was able to secure her client an agreement that involved a dismissal of the felony charge and no jail time.
- [Charges Declined Against Nicole’s Client](https://bkdefense.com/charges-declined-against-nicoles-client/) - Date: July 2022 Case: Possession of Child Pornography Attorney: Nicole Kettwick Result: Nicole’s client was concerned about potential possession of child pornography charges. After Nicole worked with the client for a year, Anoka County declined to bring charges.
- [Mike’s Client avoids DWI – Operating Under a Controlled Substance](https://bkdefense.com/mikes-client-avoids-dwi-operating-under-a-controlled-substance/) - Date: December 2019 Case: Misdemeanor Fourth Degree DWI - Operating Under a Controlled Substance Attorney: Michael J. Brandt Result: Mike’s client was charged with Fourth Degree DWI – Operating under a Controlled Substance in Anoka County for allegedly being under the influence of marijuana. Mike got involved and discovered there was not enough evidence to indicate that his client was impaired. The DWI charge was dropped and instead Mike’s client received a Stay of Adjudication on a Careless Driving. This means after successful completion of probation there will be no criminal conviction on the client’s record and the charge will be dismissed.
- [Nicole Negotiates Withdrawal of Order for Protection for her Client](https://bkdefense.com/nicole-negotiates-withdrawal-of-order-for-protection-for-her-client/) - Date: July 2022 Case: Order for Protection Attorney: Nicole Kettwick Result: Nicole’s client was facing an Order for Protection petitioned against him that he urgently wanted dismissed. Based on Nicole’s negotiations with the prosecutor, her diligence and precision in reviewing the evidence, and the client’s proactive steps, Nicole was able to have the order for protection petitioned against her client withdrawn.
- [Federal Charges Avoided in Possession of Pornographic Work Involving Minors](https://bkdefense.com/federal-charges-avoided-in-possession-of-pornographic-work-involving-minors/) - Date: December 2019 Case: Felony Possession of Pornographic Work Involving Minors Attorney: Michael J. Brandt Result: Mike’s client was charged with Possession of Pornographic Work Involving Minors in Anoka County. When Mike got involved no formal charges were filed. Mike communicated with the prosecutor and the case was filed in state court, avoiding any federal charges. In Federal court Mike’s client would have received a mandatory minimum of 5 years in prison. Instead, Mike’s client received a Stay of Imposition. This means that after successful completion of probation, the conviction will be reduced to a misdemeanor.
- [Mike’s Client Avoids DWI Conviction](https://bkdefense.com/mikes-client-avoids-dwi-conviction/) - Date: December 2019 Case: Misdemeanor Fourth Degree DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with Fourth Degree DWI in Hennepin County. Mike assisted his client in reaching a resolution where the DWI charges were dropped and the client received a Stay of Adjudication on a Careless Driving charge. This means Mike’s client avoided all DWI charges or having any conviction on their record.
- [Nicole’s Client Avoids Criminal Vehicular Operation Conviction](https://bkdefense.com/nicoles-client-avoids-criminal-vehicular-operation-conviction/) - Date: August 2022 Case: Felony Criminal Vehicular Operation Attorney: Nicole Kettwick Result: Nicole’s client was charged with Felony Criminal Vehicular Operation after getting into an accident where the passenger broke their leg. Nicole negotiated the case down to a Gross Misdemeanor Leaving the Scene of an Accident, which saved her client a 3-year license revocation and a felony conviction.
- [Mike’s Client Avoids a Conviction in a Reckless Driving Case](https://bkdefense.com/mikes-client-avoids-a-conviction-in-a-reckless-driving-case/) - Date: September 2022 Case: Reckless Driving Attorney: Mike Brandt Result: Mike’s client was charged with Reckless Driving after an unfortunate accident between his ATV and two bicyclists. Mike was able to secure what is called a stay of adjudication for his client. This means that as long as his client successfully completes a 1-year probation, the charge will be dismissed, and Mike’s client will be eligible for expungement (sealing of records).
- [Mike’s Client Avoids a Possession Charge on Their Record](https://bkdefense.com/mikes-client-avoids-a-possession-charge-on-their-record/) - Date: November 2019 Case: Misdemeanor CMV Driver on Duty in Possession of a Substance Attorney: Michael J. Brandt Result: Mike Brandt’s client was charged with Misdemeanor CMV Driver on Duty in Possession of a Substance and Misdemeanor CMV Operated without a CDL after an incident occurring in Sherburne County. Mike provided diligent case preparations prior to the arraignment, resulting in a resolution at their first hearing. The possession charge was dismissed, and the client pled to CMV Operated without a CDL as a Petty Misdemeanor. This allowed the client to avoid all probation and resolve the case with a minimal fine payment.
- [Assault Charge Dismissed, Traffic Charge Continued for Dismissal](https://bkdefense.com/assault-charge-dismissed-traffic-charge-continued-for-dismissal/) - Date: October 2022 Case: Fifth Degree Assault, Failure to Stop for Collision Attorney: Nicole Kettwick Result: Nicole’s client was facing two misdemeanor charges from the same day: Fifth Degree Assault and Failure to Stop for Collision. However, Nicole was able to convince the prosecutor to agree to a dismissal of the assault charge and a Continuance for Dismissal (CFD) on the traffic case. This means that after just one year with no similar offenses, the traffic case will also be dismissed.
- [Nicole’s Client Avoids Prison Sentence, Discharged from Probation](https://bkdefense.com/nicoles-client-avoids-prison-sentence-discharged-from-probation/) - Date: October 2022 Case: Probation Violation (x2) Attorney: Nicole Kettwick Result: Nicole’s client was facing two probation violations, and the prosecutor wanted the client to serve a 1 year and 1 day prison sentence. However, Nicole was able to convince the prosecutor to agree to no additional jail or prison time based on several proactive steps she advised the client to take. The client was also discharged from probation.
- [Felony Fleeing Charges Reduced to a Gross Misdemeanor and License Reinstated](https://bkdefense.com/felony-fleeing-charges-reduced-to-a-gross-misdemeanor-and-license-reinstated/) - Date: October 2022 Case: Felony Fleeing in a Motor Vehicle Attorney: Mike Brandt Result: Mike’s client was charged with Felony Fleeing an Officer in a Motor Vehicle and 3rd Degree DWI, both of which involved two revocations of his license. Mike was able to negotiate the felony charge down to a gross misdemeanor with probation and no jail time. Mike also fought the “dual” revocation of his client’s license convincing a judge to run the two revocations together. Because of this, his client was able to avoid having his license revoked for as long as he had anticipated.
- [Criminal Sexual Conduct Charges Dismissed](https://bkdefense.com/criminal-sexual-conduct-charges-dismissed/) - Date: October 2022 Case: Criminal Sexual Conduct Attorney: Mike Brandt Result: Mike’s client was charged with three counts of Criminal Sexual Conduct in the Second Degree, based on allegations from several years ago. Mike’s client maintained his innocence and even though the prosecutor offered a deal where Mike’s client could end up with the charges dismissed, Mike and his client were determined to go to trial. On the eve of trial, the prosecutor agreed to completely dismiss all charges.
- [Malicious Punishment of a Child Charges Dismissed](https://bkdefense.com/malicious-punishment-of-a-child-charges-dismissed/) - Date: October 2022 Case: Malicious Punishment of a Child Attorney: Mike Brandt Result: Mike’s client was charged with Malicious Punishment of a Child for an incident occurring on a school bus. Mike felt the case did not warrant the charges and challenged probable cause for the charges (arguing that there was not sufficient evidence for the charges). After submitting written arguments to the court as to why the charges should be dismissed, the court agreed with Mike and dismissed the charges.
- [Nicole’s Client Avoids Conviction in Major Drive-By Shooting Case](https://bkdefense.com/nicoles-client-avoids-conviction-in-major-drive-by-shooting-case/) - Date: October 2022 Case: Felony Threats of Violence, Felony Damage to Property, Felony Dangerous Weapon Possession, Felony Drive By Shooting, Misdemeanor Violating an OFP Attorney: Nicole Kettwick Result: After an incident that resulted in the SWAT team being called in, Nicole’s client was facing four felony charges and one misdemeanor charge: threats of violence, damage to property, dangerous weapon possession, drive by shooting, and violating an Order for Protection (OFP). Based on her client’s tremendous progress in various treatment facilities, extensive support system, and honorable military career, as well as Nicole’s continuous negotiations with the prosecutor, Nicole was able to negotiate a stay of adjudication on two of the felony charges and a dismissal of the remaining three charges. This means that if the client is successful on probation, the entire case will be dismissed without the client having a criminal conviction or having to spend any additional time in jail or prison.
- [Charges Avoided in Potential Felony Criminal Damage to Property Case](https://bkdefense.com/charges-avoided-in-potential-felony-criminal-damage-to-property-case/) - Date: September 2019 Case: Preliminary Felony Criminal Damage to Property Attorney: Michael J. Brandt Result: Mike’s client was facing a potential Felony Criminal Damage to Property charge in Anoka County. Mike intervened in the investigation communicating with the prosecutor and reached a settlement with those whose property was damaged. Mike was able to avoid the filing of any criminal charges and as a result, his client was never formally charged.
- [Prison Time Avoided on Felony Sex Charges](https://bkdefense.com/prison-time-avoided-on-felony-sex-charges/) - Date: December 2022 Case: First Degree Criminal Sexual Conduct Attorney: Mike Brandt Result: Mike was retained to represent a client facing 12 years in prison with First and Third Degree Criminal Sexual conduct charges, stemming from incidents that happened over a decade ago. Mike successfully negotiated with the State to dismiss the First-Degree charge and resolved the case with his client given five years of probation.
- [HRO dismissed and Appeal Affirmed for Nicole Kettwick’s client](https://bkdefense.com/hro-dismissed-and-appeal-affirmed-for-nicole-kettwicks-client/) - Date: July 2019 City/County: St. Paul, Ramsey County Result: Nicole’s client received an HRO for alleged criminal sexual conduct. These allegations were also forwarded to his university and the county attorney’s office. Nicole got the HRO dismissed and then won the appeal after the opposing party brought the case to the Minnesota Court of Appeals. She also worked with the county attorney’s office and her client’s university. No criminal charges were brought forth and her client was able to remain in school.
- [Nicole Kettwick’s client gets no jail time for Felony Violation of a No Contact Order charge](https://bkdefense.com/nicole-kettwicks-client-gets-no-jail-time-for-felony-violation-of-a-no-contact-order-charge/) - Date: July 2019 County: Scott County Charges: Felony Violation of a No Contact Order Result: Nicole convinced the prosecutor to amend the Felony to a Gross Misdemeanor. Additionally, her client avoided further jail time and only received two years of probation.
- [Nicole Kettwick’s client avoids Domestic Assault conviction](https://bkdefense.com/nicole-kettwicks-client-avoids-domestic-assault-conviction/) - Date: July 2019 City/County: Blaine, Anoka County Charge: Domestic Assault Result: Domestic Assault charge amended to Disorderly Conduct and her client received a Stay of Adjudication. This means that upon successful completion of probation, the charge will be dismissed.
- [Nicole Kettwick helps client avoid charges for criminal sexual conduct](https://bkdefense.com/nicole-kettwick-helps-client-avoid-charges-for-criminal-sexual-conduct-2/) - Date: May 2019 Attorney: Nicole Kettwick Charge: Criminal Sexual Conduct Result: Nicole was retained on a preliminary basis after her client was contacted by an investigator and CPS. She immediately went to work by contacting the Isanti County Sheriff’s Office, Isanti County Attorney’s Office, and the investigator involved. She conducted her own investigation and ultimately the investigator agreed with Nicole and did not file charges or send the case to a prosecutor for charging.
- [Nicole’s Client Avoids DWI Conviction](https://bkdefense.com/nicoles-client-avoids-dwi-conviction-3/) - Date: January 2023 Case: Fourth Degree DWI Attorney: Nicole Kettwick Result: Nicole’s client was facing two counts of Fourth Degree DWI in Hennepin County. Based on Nicole’s negotiations with the prosecutor and her client’s proactive steps, Nicole got the charges reduced to a single Misdemeanor Careless Driving charge. This means that the client will avoid a DWI conviction on his record.
- [Nicole Kettwick gets DWI and other charges dropped to public nuisance for client](https://bkdefense.com/nicole-kettwick-gets-dwi-and-other-charges-dropped-to-public-nuisance/) - Date: May, 2019 Attorney: Nicole Kettwick City/County: City of Andover, Anoka County Charges: Third Degree DWI Result: Gross misdemeanor DWI charges and possession of marijuana and paraphernalia charges dismissed in exchange for a guilty plea to public nuisance on a roadway. Nicole challenged the initial stop by law enforcement. This challenge and her legal argument led the prosecutor to agree to dismiss the charges, thereby eliminating her client’s exposure to losing his license for one year plus eliminating a thirty-day mandatory minimum jail sentence.
- [Diversion on all counts of controlled substance charges for Nicole Kettwick's client](https://bkdefense.com/diversion-on-all-counts-of-controlled-substance-charges-for-nicole-kettwicks-client/) - Charge: Multiple Counts of Fifth Degree Possession of a Controlled Substance in Hennepin County Attorney: Nicole A. Kettwick Date: May 2019 Result: Diversion on all counts. This means after one year of successful completion of the diversion program all charges will be dismissed without a guilty plea and without an admission. The prosecution also agreed to an expungement after successful completion of diversion, meaning the Court will seal the records relating to the arrest and charges.
- [Nicole Kettwick helps client avoid felony charges and a predatory offender status](https://bkdefense.com/nicole-kettwick-helps-client-avoid-felony-charges-and-a-predatory-offender-status/) - Charge: Obscene or Harassing Telephone Calls Attorney: Nicole A. Kettwick Date: May 2019 Result: Nicole’s client started working with Nicole while the case was under investigation. Nicole worked with the prosecutor to minimize the charges and resolve the case. Her client avoided felony charges of distributing child pornography and avoided as a predatory offender. Instead, he was placed on probation for a period of six months.
- [Nicole Kettwick's client receives diversion on controlled substance charge](https://bkdefense.com/nicole-kettwicks-client-receives-diversion-on-controlled-substance-charge/) - Charge: Fifth Degree Possession of a Controlled Substance in Anoka County Attorney: Nicole A. Kettwick Date: May 2019 Result: Nicole’s client received Diversion for a period of only one year. This means that after successfully completing one year of probation, the controlled substance charge will be dismissed and her client will not have a criminal conviction for this offense.
- [Gross Misdemeanor DWI results in no jail time for Mike Brandt’s client](https://bkdefense.com/gross-misdemeanor-dwi-results-in-no-jail-time-for-mike-brandts-client/) - Date: May 2019 City/County: City of Fridley, Anoka County Charges: Third Degree DWI, Open Bottle, Possession of Marijuana in Motor Vehicle Result: Mike’s client got the Open Bottle and Possession charges dismissed and plead guilty to DWI. He received no jail time and one year unsupervised probation.
- [Nicole’s Client Avoids Jail Time on Second Degree DWI Case](https://bkdefense.com/nicoles-client-avoids-jail-time-on-second-degree-dwi-case/) - Date: January 2023 Case: Second Degree DWI, Third Degree DWI Attorney: Nicole Kettwick Result: Nicole’s client was facing one count of Gross Misdemeanor Second Degree DWI – Refusal and one count of Gross Misdemeanor Third Degree DWI out of Isanti County. Based on Nicole’s negotiations with the prosecutor and her client’s proactive steps, Nicole’s client was able to avoid spending any additional time in jail.
- [Nicole Kettwick helps client avoid charges for criminal sexual conduct](https://bkdefense.com/nicole-kettwick-helps-client-avoid-charges-for-criminal-sexual-conduct/) - Date: May 2019 City/County: Ramsey and Hennepin County Result: Nicole’s client was investigated for criminal sexual conduct after allegations were made in Ramsey and Hennepin County. Nicole immediately went to work contacting all agencies involved in the investigation, provided additional information, and was able to help her client successfully avoid charges.
- [Mike’s Client Avoids a Felony in Criminal Sexual Conduct Case](https://bkdefense.com/mikes-client-avoids-a-felony-in-criminal-sexual-conduct-case/) - Date: January 2023 Case: Third Degree Criminal Sexual Conduct (x2) Attorney: Michael J. Brandt Result: Mike’s client was facing two counts of Felony Third Degree Criminal Sexual Conduct (which could have been charged as a more serious First Degree charge). Based on Mike’s negotiations with the prosecutor and his client’s proactive steps, Mike was able to negotiate a plea agreement that allowed Mike to argue for a gross misdemeanor sentence, hopefully avoiding a felony for his client. After filing a motion and a memo asking the judge to sentence the case as a gross misdemeanor, and making oral arguments at the sentencing hearing, Mike convinced the judge to agree to a downward durational departure. This means that the client received a gross misdemeanor (rather than a felony) level sentence. Mike's client was placed on probation for two years.
- [Controlled substance charge for Michael Brandt's client negotiated to a stay of adjudication](https://bkdefense.com/controlled-substance-charge-stay-of-adjudication/) - Date: April, 2019 City/County: City of Becker, Sherburne County Charge: Fifth Degree Controlled Substance Result: Received a Stay of Adjudication which means that after Mike’s client successfully completes probation, the charge will be dismissed.
- [Nicole Gets Case Dismissed Right Before Trial, Statute of Limitations Expires](https://bkdefense.com/nicole-gets-case-dismissed-right-before-trial-statute-of-limitations-expires/) - Date: January 2023 Case: Second Degree Assault, Domestic Assault Attorney: Nicole Kettwick Result: In 2018, Nicole’s client was charged with one count of Felony Second Degree Assault and one count of Misdemeanor Domestic Assault. After disclosing their investigation, the prosecutor dismissed the case on the eve of trial and sent it to the city attorney’s office for misdemeanor charges. Because the statute of limitations for the city to charge the case has now passed, Nicole’s client will not face any charges resulting from this incident.
- [Nicole’s Client Gets Continuance for Dismissal](https://bkdefense.com/nicoles-client-gets-continuance-for-dismissal/) - Date: February 2023 Case: Disorderly Conduct Attorney: Nicole Kettwick Result: Nicole’s client was facing one count of Misdemeanor Disorderly Conduct. Based on Nicole’s negotiations with the prosecutor and work done by her private investigator, Nicole was able to convince the prosecutor to agree to a continuance for dismissal. This means that after one year of having no same or similar offenses, the case will be dismissed without the client having to admit guilt.
- [Nicole Gets Case Dismissed](https://bkdefense.com/nicole-gets-case-dismissed/) - Date: February 2023 Case: Obstruct Legal Process Attorney: Nicole Kettwick Result: Nicole’s client was facing one count of Misdemeanor Obstruct Legal Process. Based on Nicole’s motions challenging the evidence, the prosecutor dismissed the case.
- [Mike Brandt’s client get probation on Theft of Firearm case](https://bkdefense.com/mike-brandts-client-get-probation-on-theft-of-firearm-case/) - Date: March 2019 County: Anoka Charge: Theft of a Firearm Result: Mike’s client was charged with theft of a firearm for stealing an assault rifle and 9mm pistol from a vehicle. Mike was able to convince the prosecutor to allow his client into a diversion program whereby the matter was continued, his client was placed on probation, and as long as his client completes some community work service, the charges will be dismissed and his client will be eligible for an expungement.
- [Nicole’s Client Gets Continuance for Dismissal](https://bkdefense.com/nicoles-client-gets-continuance-for-dismissal-2/) - Date: February 2023 Case: Theft Attorney: Nicole Kettwick Result: Nicole’s client was facing one count of Misdemeanor Theft. Based on Nicole’s negotiations with the prosecutor, Nicole was able to convince the prosecutor to agree to a continuance for dismissal. This means that after one year of having no theft-related charges and avoiding the location of the theft, the case will be dismissed without the client having to admit guilt.
- [Charges Declined for Nicole’s Client](https://bkdefense.com/charges-declined-for-nicoles-client-2/) - Date: February 2023 Case: Preliminary Criminal Vehicular Homicide Attorney: Nicole Kettwick Result: Nicole’s client was facing a potential criminal vehicular homicide charge in Freeborn County. After Nicole spoke with the prosecutor and investigator, the prosecutor decided to decline the charges.
- [Gross Misdemeanor DWI avoided](https://bkdefense.com/gross-misdemeanor-dwi-avoided/) - Date: February 2023 Case: Gross Misdemeanor DWI Attorney: Mike Brandt Result: Mike’s client faced two Gross Misdemeanor DWI charges after a stop for a minor traffic violation resulted in Gross Misdemeanor DWI charges. Mike challenged the basis for the police to arrest his client and rather than have a hearing on that issue the prosecutor agreed to reduce the charge to a Misdemeanor DWI and agreed to one year of probation for Mike’s client.
- [No Conviction on Felony Assault](https://bkdefense.com/no-conviction-on-felony-assault/) - Date: April 2023 Case: Assault Attorney: Mike Brandt Result: Mike’s client was charged with one count of Felony Assault. Because of the legal issues with the case and the client’s proactive steps and social support, Mike negotiated a stay of adjudication on the case. This means after serving probation time, the charge will be dismissed with no conviction on the client’s record.
- [Nicole's Client Avoids Prison Time in Child Pornography Case](https://bkdefense.com/nicoles-client-avoids-prison-time-in-child-pornography-case/) - Date: July 2023 Case: Child Pornography Attorney: Nicole Kettwick Result: Nicole's Client was facing multiple prison sentences based on being charged with multiple counts of possessing child pornography. Due to her client's positive steps to move on from the charges, and the support of friends and family, Nicole was able to negotiate a downward departure in sentencing for
- [Nicole gets a Stay of Adjudication on a Lesser Charge for Juvenile Client ](https://bkdefense.com/nicole-gets-a-stay-of-adjudication-on-a-lesser-charge-for-juvenile-client/) - Date:July 2023 Case:Dangerous Weapons Violation Attorney:Nicole Kettwick Result: Nicole’s juvenile client was originally charged with Gross Misdemeanor Dangerous Weapons Violation after clips of horror themed video content her client made were reported to a school administrator. Nicole provided external evidence that convinced the State to dismiss the Dangerous Weapons Violation charge and amend it to a
- [Nicole’s client avoids a felony sentence on a criminal vehicular operation conviction.](https://bkdefense.com/nicoles-client-avoids-a-felony-sentence-on-a-criminal-vehicular-operation-conviction/) - Attorney: Nicole Kettwick Charge: Criminal Vehicular Operation Date: August 2023 Result: Nicole’s client was charged with a Criminal Vehicular Operation after a car crash resulted in substantial injury to a passenger in his vehicle. Criminal Vehicular Operation typically carries a felony level sentence, and Nicole’s client pleaded guilty to the charge in exchange for no further jail time.
- [Mike Get's Felony Charges Dismissed for His Client](https://bkdefense.com/mike-gets-felony-charges-dismissed-for-his-client/) - Date: August 2023 Case Type: Felony Possession of Stolen Property Attorney: Mike Brandt Result: Mike’s client was charged with Felony Possession of Stolen Property for allegedly possessing a stolen motorcycle. In preparation for the case Mike challenged the search warrant issued in the case and argued that the police omitted important facts when as applying for the search warrant.
- [Elizabeth Secures a Dismissal for Her Client in a Reckless Driving Case](https://bkdefense.com/elizabeth-secures-a-dismissal-for-her-client-in-a-reckless-driving-case/) - Date: October 2023 Case: Reckless Driving Attorney: Elizabeth A Orrick Result: Elizabeth’s client was charged with reckless driving in Anoka County after a motor vehicle accident. Elizabeth spoke with the prosecutor to discuss the legal issues of the case. On the morning of trial, the State agreed to outright to dismiss the charge.
- [Client’s Conviction is Vacated and Charge Dismissed](https://bkdefense.com/clients-conviction-is-vacated-and-charge-dismissed/) - Date: May 2017 Case: Driving After Cancellation Attorney: Michael J. Brandt Result: Michael J. Brandt’s client was convicted of Driving After Cancellation after an incident that occurred in Hennepin County. Mike was able to negotiate a resolution that allowed his client’s conviction to be vacated, the charge to be dismissed, and fines and fees to be refunded.
- [Nicole Keeps Felony Conviction Off of Her Client’s Record](https://bkdefense.com/nicole-keeps-felony-conviction-off-of-her-clients-record/) - Date: October 2023 Case: Financial Exploitation of a Vulnerable Adult Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with Felony Exploitation of a Vulnerable Adult after her mother passed away. Nicole litigated the issues in this case and challenged the fiduciary duty of her client. Negotiations eventually resulted in a Stay of Adjudication on
- [Elizabeth Secures a Continuance for Dismissal for Her Client](https://bkdefense.com/elizabeth-secures-a-continuance-for-dismissal-for-her-client/) - Date: November 2023 Case: City Ordinance Violation Attorney: Elizabeth A. Orrick Result: Elizabeth’s client was facing a misdemeanor charge for violating a Coon Rapids City ordinance. Based on Elizabeth’s negotiations with the prosecutor, and her client’s proactive steps, the prosecutor agreed to a continuance for dismissal. This means that after one year of having no
- [Ellie Secures an Expungement on Felony Diversion Charge](https://bkdefense.com/ellie-secures-an-expungement-on-felony-diversion-charge/) - Date: December 2023 Case: Expungement Attorney: Elizabeth Orrick Result: Elizabeth secured an expungement for her client who had previously received a diversion on a felony charge. Although the charge was eventually dismissed after the client successfully completed the diversion program, the client still faced rejection by various employers. With the grant of an expungement, Elizabeth’s
- [Nicole Secures Complete Dismissal for Client in Criminal Sexual Conduct Case](https://bkdefense.com/nicole-secures-complete-dismissal-for-client-in-criminal-sexual-conduct-case/) - Date: December 2023 Case: Third Degree Criminal Sexual Conduct Attorney: Nicole Kettwick Result: Nicole’s client was charged with Third Degree Criminal Sexual Conduct in Anoka County. Nicole filed a motion to dismiss the charges based on a due process challenge, given her client’s case was charged 7 years after the date of incident. After cross
- [Paul gets a Client’s Felony Flee Charge Dismissed!](https://bkdefense.com/paul-gets-a-clients-felony-flee-charge-dismissed/) - Date: December 2023 Case: Felony Fleeing a Police Officer and 2nd Degree DWI Attorney: Paul L. Young Result: Paul’s client was charged with Felony Fleeing a Police Officer and 2nd Degree DWI. The State also filed forfeiture action, where they attempted to take the vehicle his client was driving. Paul challenged the probable cause for the fleeing count, which the prosecution ultimately agreed to dismiss. The dismissal of the fleeing charge required the State to return the vehicle to Paul’s client.
- [Ellie Expunges A Client’s Record](https://bkdefense.com/ellie-expunges-a-clients-record/) - Date: January 2024 Case: Disorderly Conduct Attorney: Elizabeth A. Orrick Result: Ellie secured an expungement for her client who had previously been charged with 5th degree criminal sexual conduct and was convicted of misdemeanor disorderly conduct. This conviction made it difficult for the client to obtain employment opportunities and secure housing. With Ellie’s effective assistance
- [Ellie Expunges Another Client’s Record](https://bkdefense.com/ellie-expunges-another-clients-record/) - Date: January 2024 Case: Disorderly Conduct Attorney: Elizabeth A. Orrick Result: Ellie secured an expungement for her client who had previously been charged with 5th degree criminal sexual conduct and was convicted of misdemeanor disorderly conduct. This conviction made it difficult for the client to obtain employment opportunities and secure housing. With Ellie’s effective assistance
- [Paul Helps Suspended Student Stay in School](https://bkdefense.com/paul-helps-suspended-student-stay-in-school/) - Date: February 2024 Case: School Disciplinary Proceedings Attorney: Paul L. Young Result: Paul recently represented a minor client who was suspended and facing expulsion following an incident at a local high school. At the disciplinary hearing, Paul negotiated an immediate return to school for the student, and secured the district’s decline to further pursue expulsion.
- [Elizabeth Secures a Stay of Adjudication in Assault Case](https://bkdefense.com/elizabeth-secures-a-stay-of-adjudication-in-assault-case/) - Date: February 2024 Case: Fifth Degree Assault and Disorderly Conduct Attorney: Elizabeth A. Orrick Result: Elizabeth’s client was charged with a Fifth Degree Assault and Disorderly Conduct in Pine County. However, with the client’s proactive steps, and Elizabeth zealous advocacy, Elizabeth was able to negotiate a “stay of adjudication” and avoid jail time. If Elizabeth’s
- [Probation Violation Successfully Challenged by Mike Brandt](https://bkdefense.com/probation-violation-successfully-challenged-by-mike-brandt/) - Date: February 2024 Case: Alleged Probation Violation Attorney: Michael J. Brandt Result: Mike's client was facing 90 days in jail for allegedly violating probation. The alleged violations stemmed from a SCRAM bracelet that the client was required to wear, which checks for alcohol use. Mike obtained the records from the device and consulted with an
- [Elizabeth Obtained an Agreement to Suspend Prosecution for her Client](https://bkdefense.com/elizabeth-obtained-an-agreement-to-suspend-prosecution-for-her-client/) - Date: January 2024 Case: Misdemeanor Violation of a City Ordinance Attorney: Elizabeth A. Orrick Result: Elizabeth’s client was charged with violating an Isanti City Ordinance after an incident occurring last fall. Ellie negotiated a resolution where the prosecutor agreed to suspend prosecution of the charges. Provided that Ellie’s client follows the conditions of the agreement,
- [Mike Brandt Helps Client Avoid Felony Theft Charges](https://bkdefense.com/mike-brandt-helps-client-avoid-felony-theft-charges/) - Date: March 2024 Case: Felony Theft Attorney: Mike J. Brandt Result: Mike was hired to represent a client where her former employer was alleging that she manipulated payroll records to her advantage. Mike provided the prosecuting attorney with various documents and statements from people showing that the client did not manipulate the records. After reviewing
- [Nicole’s Client Avoids Domestic Assault Conviction and Probation](https://bkdefense.com/nicoles-client-avoids-domestic-assault-conviction-and-probation/) - Date: May 2023 Case: Domestic Assault Attorney: Nicole Kettwick Result: Nicole’s client was faced with a Misdemeanor Domestic Assault charge after an argument with his wife. With her client’s proactive steps and witness statements, Nicole was able to vacate a no-contact order and negotiate a continuance for dismissal. This means her client’s charges will be
- [Client Avoids Conviction in Medical Assistance Fraud Case](https://bkdefense.com/client-avoids-conviction-in-medical-assistance-fraud-case/) - Date: April 2024 Case: Wrongfully Obtaining Medical Assistance Attorney: Mike Brandt Result: Mike’s client was facing felony charges of Wrongfully Obtaining Medical Assistance. Based on Mike’s thorough investigation and preparation, Mike resolved the case with his client avoiding a conviction a significant reduction in the amount of restitution owed.
- [Mike’s Client Avoid a Felony Conviction](https://bkdefense.com/mikes-client-avoid-a-felony-conviction/) - Date: March 2024 Case: Threats of Violence Attorney: Mike Brandt Result: Mike’s client was arrested after an argument with his son and charged with Second Degree Assault, which carries a mandatory 36-month prison sentence. Mike was able to negotiate the charge down to Threats of Violence and convinced the sentencing judge to sentence the matter
- [Paul’s Client Avoids Three Gross Misdemeanor Charges in Relation to DWI Incident](https://bkdefense.com/pauls-client-avoids-three-gross-misdemeanor-charges-in-relation-to-dwi-incident/) - Date: June 2024 Case: Criminal Vehicular Operation and Gross Misdemeanor DWI (x2) Attorney: Paul L. Young Result: Paul’s client was charged with two counts of Gross Misdemeanor DWI and one count of Gross Misdemeanor Criminal Vehicular Operation following an ATV accident in which a passenger was injured. Based on Paul’s negotiations with the prosecutor, the
- [Nicole Kettwick Helps Client in Avoiding Felony DWI Conviction, with No Jail Time](https://bkdefense.com/nicole-kettwick-helps-client-in-avoiding-felony-dwi-conviction-with-no-jail-time/) - Date: July 2024 Case: Felony First Degree DWI Attorney: Nicole Kettwick Result: Nicole Kettwick was hired to represent a client on a Felony First Degree DWI case. After setting the matter on for a contested hearing, Nicole was able to resolve the case with a plea to a lesser DWI and avoid a felony conviction
- [Nicole Helps Client Avoid a Prison Sentence and a Felony Conviction](https://bkdefense.com/nicole-helps-client-avoid-a-prison-sentence-and-a-felony-conviction/) - Date: April 2024 Case: Second Degree Assault and Reckless Driving Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with Second Degree Assault and Reckless Driving after an incident that occurred in Anoka County. Nicole was able to negotiate a resolution where her client pled guilty to an amended charge of Fifth Degree Assault. As
- [Nicole Kettwick Negotiates a Conviction to a Lesser Charge on a Second Degree Manslaughter Case](https://bkdefense.com/nicole-kettwick-negotiates-a-conviction-to-a-lesser-charge-on-a-second-degree-manslaughter-case/) - Date: July 2024 Case: Two Counts of Second Degree Manslaughter, Child Endangerment by Firearm Access & Negligent Storage of Firearms Attorney: Nicole Kettwick Result: Nicole’s client was charged with the above counts and after completing many proactive steps and ongoing negotiations, her client pled to and was convicted of the lesser charge, Felony Child Endangerment
- [Nicole’s Client Avoids a Conviction on Charges of Felony Criminal Vehicular Operation](https://bkdefense.com/nicoles-client-avoids-a-conviction-on-charges-of-felony-criminal-vehicular-operation/) - Date: August 2024 Case: Two Counts of Felony Criminal Vehicular Operation Attorney: Nicole A. Kettwick Result: Following a collision with a motorcycle in Pine County, Nicole’s client was charged with two felony counts of Criminal Vehicular Operation. After a number of hearings, proactive steps completed by the client, and ongoing conversations with the prosecutor, Nicole
- [Nicole Kettwick Negotiates Dismissal of Charges for Client](https://bkdefense.com/nicole-kettwick-negotiates-dismissal-of-charges-for-client/) - Date: August 2024 Case: DANCO Violations Attorney: Nicole A. Kettwick Result: Nicole’s client faced criminal charges in Anoka County of Violating a DANCO. Nicole filed a motion to challenge the probable cause of the case. Eventually, the Court granted her motion, and dismissed the entire case against her client.
- [Nicole Kettwick Gets Assault Charges Against a Teacher Dismissed](https://bkdefense.com/nicole-kettwick-gets-assault-charges-against-a-teacher-dismissed/) - Date: July 2024 Case: Fifth Degree Assault Attorney: Nicole A. Kettwick Result: Nicole’s client faced assault charges in Ramsey County after a student reported she was too rough with this student. Nicole worked with her client to review the evidence, compile independent documentation regarding the incident, obtain the department of education’s determination records, and after
- [Paul Helps Client Avoid Prison Time in Criminal Vehicular Homicide Case](https://bkdefense.com/paul-helps-client-avoid-prison-time-in-criminal-vehicular-homicide-case/) - Date: July 2024 Case: Criminal Vehicular Homicide Attorney: Paul L. Young Result: Paul successfully negotiated a plea agreement for his client charged with Criminal Vehicular Homicide. Paul effectively communicated with the prosecutor, highlighting his client’s personal circumstances and the proactive measures taken post-incident. The Court stayed a 48-month prison sentence and alternatively ordered Paul’s client
- [Paul Secures No Conviction in Assault Case](https://bkdefense.com/paul-secures-no-conviction-in-assault-case/) - Date: July 2024 Case: Domestic Assault – Intentional Infliction / Attempts to Inflict Bodily Harm on Another Attorney: Paul L. Young Result: Paul’s client was charged with Misdemeanor Domestic Assault. Through Paul’s negotiations with the prosecutor and highlighting his client’s proactive steps, Paul’s client was not convicted and was granted a Stay of Adjudication. After
- [Paul’s Juvenile Client Avoids DWI & Possession Charges](https://bkdefense.com/pauls-juvenile-client-avoids-dwi-possession-charges/) - Date: September 2024 Case: DWI 4 & Liquor-Possession by Person Under 21 Attorney: Paul L. Young Result: Paul’s juvenile client was pulled over by police and said to be under the influence of alcohol, and when their vehicle was searched, additional alcohol was found. Through successful negotiations with the prosecutor, Paul secured a Stay of
- [Nicole’s Client Avoids Conviction with a Continuance for Dismissal](https://bkdefense.com/nicoles-client-avoids-conviction-with-a-continuance-for-dismissal/) - Date: October 2024 Case: Misdemeanor Domestic Assault Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with Misdemeanor Domestic Assault after their partner had called the police. In preparation for her client’s case, Nicole gathered extensive information relating to the history of the client and partner’s relationship. Nicole submitted this information to the prosecutor and
- [Paul Young Obtains Stay of Adjudication in Felony Second Degree Assault Case](https://bkdefense.com/paul-young-obtains-stay-of-adjudication-in-felony-second-degree-assault-case/) - Date: July 2024 Case: Second Degree Assault Attorney: Paul L. Young Result: Following a detailed review of the facts and applicable law, Paul negotiated a dismissal by the prosecutor on 2 out of 3 charges. On the remaining count of Assault in the Second Degree (Dangerous Weapon), Paul successfully argued for a Stay of Adjudication,
- [Paul Successfully Argues Dismissal of Probation Violation](https://bkdefense.com/paul-successfully-argues-dismissal-of-probation-violation/) - Date: October 2024 Case: Probation Violation Attorney: Paul L. Young Result: Paul’s client was petitioned with a Probation Violation that stemmed from an incident occurring last year. When negotiating with the prosecutor, Paul learned the violation had been filed after the period of imposed supervision. As a result, Paul secured a complete dismissal of the
- [Paul Obtains Dismissal of Domestic Assault Charges](https://bkdefense.com/paul-obtains-dismissal-of-domestic-assault-charges/) - Date: December 2024 Case: Domestic Assault Attorney: Paul L. Young Result: Paul’s client was charged with Domestic Assault after an incident with the co-parent of their child. In preparation for trial, Paul collected several pieces of evidence to prove that this was an act of self-defense, rather than an assault. Paul had several conversations with
- [Paul’s Client Receives a Continuance for Dismissal in Gross Misdemeanor Theft Case](https://bkdefense.com/pauls-client-receives-a-continuance-for-dismissal-in-gross-misdemeanor-theft-case/) - Date: December 2024 Case: Gross Misdemeanor Theft Attorney: Paul L. Young Result: Paul secured a Continuance for Dismissal agreement for his client who faced charges of Gross Misdemeanor Theft. After thorough review of the State’s evidence and effective negotiation with the prosecutor, Paul obtained a favorable resolution that avoids a criminal conviction. Under the terms
- [Paul Helps Client Avoid Felony Conviction and Jail Time](https://bkdefense.com/paul-helps-client-avoid-felony-conviction-and-jail-time/) - Date: March 2025 Case: Felony Fleeing a Police Officer in a Motor Vehicle Attorney: Paul L. Young Result: Paul’s client was facing Felony Charges after failing to pull over for a traffic stop. Through Paul’s negotiations, the prosecution reduced the charges to Misdemeanor Obstruct Legal Process. The Judge stayed all jail time, leaving Paul’s client
- [Paul Secures Dismissal for Felony Aiding an Offender Charge](https://bkdefense.com/paul-secures-dismissal-for-felony-aiding-an-offender-charge/) - Date: March 2025 Case: Felony Aiding an Offender-Accomplice After the Fact Attorney: Paul L. Young Result: Paul’s client was facing a Felony Charge after allegedly helping another hide evidence of a shooting. Following the resolution of the other person’s case, the Prosecutor agreed to dismiss Paul’s client's case. Because of the way this case was
- [Peter Negotiates the Dismissal of Criminal Vehicular Operation Charge as Part of DWI Plea](https://bkdefense.com/peter-negotiates-the-dismissal-of-criminal-vehicular-operation-charge-as-part-of-dwi-plea/) - Date: May 2025 Case: Criminal Vehicular Operation (CVO) and Second Degree DWI Attorney: Peter M. Rakke Results: Peter’s client was facing charges in Crow Wing County for their role in an auto accident where their blood alcohol level was nearly triple the legal limit. Through effective communication, case management, and negotiation tactics, Peter was able
- [Autumn Avoids Conviction in Felony Damage to Property and Reckless Driving Case](https://bkdefense.com/autumn-avoids-conviction-in-felony-damage-to-property-and-reckless-driving-case/) - Date: April 2025 Case: Felony Damage to Property Attorney: Autumn R. Stokes Result: Autumn’s client was facing several charges, including felony Damage to Property in Wright County. After working closely with her client, reviewing the evidence, and guiding them through proactive steps, Autumn was able to secure a stay of adjudication on an amended charge
- [Paul Gets Felony Charges Reduced to a Misdemeanor](https://bkdefense.com/paul-gets-felony-charges-reduced-to-a-misdemeanor/) - Date: April 2025 Case: Felony Threats of Violence and 5th Degree Assault Attorney: Paul L. Young Result: Paul’s client was charged with multiple counts of Felony Threats of Violence and 5th Degree Assault. Paul negotiated a dismissal of the Threats of Violence charge and one of the Assault charges. This outcome allowed his client to
- [Nicole Gets Juvenile’s Possession of Porn Case Expunged](https://bkdefense.com/nicole-gets-juveniles-possession-of-porn-case-expunged/) - Date: April 2025 Case: Felony Possession of Pornographic Work Attorney: Nicole A. Kettwick Result: Nicole’s Juvenile client was facing felony charges in Hennepin County for possessing pornographic work involving a minor. She was able to get her client enrolled in a diversion program and after successful completion the prosecution agreed to expunge the case.
- [Nicole Helps Client Avoid Theft Conviction](https://bkdefense.com/nicole-helps-client-avoid-theft-conviction/) - Date: June 2025 Case: Misdemeanor Theft Attorney: Nicole A. Kettwick Result: Nicole’s client was facing misdemeanor theft charges after an incident at a retailer in Anoka County. Through some proactive steps and a negotiation, her client received a continuance for dismissal and after one year the charge will be automatically dropped. This will allow her
- [Not Guilty Verdict on All Three Counts for Nicole & Paul’s Client](https://bkdefense.com/not-guilty-verdict-on-all-three-counts-for-nicole-pauls-client/) - Date: June 2025 Case: First Degree Criminal Sexual Conduct, Second Degree Criminal Sexual Conduct & Second Degree Criminal Sexual Conduct Attorney: Nicole A. Kettwick & Paul L. Young Result: Nicole and Paul’s client was facing allegations in Anoka County stemming from a delayed report of criminal sexual conduct. This case was charged in January of
- [Nicole Kettwick secures statutory expungement for client's prior theft charge](https://bkdefense.com/nicole-kettwick-secures-statutory-expungement-for-clients-prior-theft-charge/) - Date: April 2019 Case: Expungement: Theft County: Hennepin Attorney: Nicole A. Kettwick Result: Nicole’s client had a prior Felony Theft offense from almost 5 years ago. The theft had been dismissed following her client’s successful completion of probation. However, the offense was still accessible with remote access when searching in the courthouse. Nicole was able to secure a statutory expungement for her client. This allowed Nicole’s client to have his record sealed on all agency databases, making this incident inaccessible for future employment searches.
- [Nicole Kettwick gets misdemeanor charge reduced to petty misdemeanor for client](https://bkdefense.com/nicole-kettwick-gets-misdemeanor-charge-reduced-to-petty-misdemeanor-for-client/) - Charge: Duty to Drive with Due Care – Speed Greater than Reasonable in Anoka County Attorney: Nicole A. Kettwick Result: After skillful negotiation, Nicole convinced the prosecutor to agree to a petty misdemeanor, a payable offense, rather than a misdemeanor. Nicole achieved her client’s goal of avoiding a misdemeanor conviction and any jail time or probation.
- [Felony drug charge dropped down to Petty Misdemeanor for Nicole Kettwick’s client](https://bkdefense.com/felony-drug-charge-dropped-down-to-petty-misdemeanor-for-nicole-kettwicks-client/) - Date: August 2019 City/County: Lino Lakes, Anoka County Charge: Felony Fifth Degree Controlled Substance Result: Nicole’s client was charged with having a felony level amount of Marijuana. Nicole facilitated the re-weighing of the evidence and it did not weigh enough to be deemed a Felony. The Felony charge was dismissed and her client was re-charged with Misdemeanor Possession. After negotiations, Nicole was able to convince the prosecutor to amend the charge to Petty Misdemeanor Public Nuisance on Roadway.
- [Mike Brandt Helps Client Obtain Continuance for Dismissal on Domestic Assault Charge](https://bkdefense.com/mike-brandt-helps-client-obtain-continuance-for-dismissal-on-domestic-assault-charge/) - Date: August 2019 Case: Misdemeanor Domestic Assault Attorney: Michael J. Brandt Result: Mike’s client was charged with Misdemeanor Domestic Assault and Mike was able to negotiate a continuance for dismissal to resolve their case. This means that after Mike’s client complies with the conditions of this agreement for one year, the charge will be dismissed. The Domestic Abuse No Contact Order was vacated, and the client will be eligible to expunge this record upon dismissal of the case.
- [Mike Negotiates Diversion for Client with Second Felony Theft Charge](https://bkdefense.com/mike-negotiates-diversion-for-client-with-second-felony-theft-charge/) - Date: May 2024 Case: Felony Theft Attorney: Mike Brandt Result: Mike was hired to represent a client for felony theft where his client was accused of stealing nearly $10,000 from his employer. Because the amount of the alleged theft was over $5000 and because Mike’s client had a prior theft conviction, diversion was not an
- [Mike Brandt Keeps Domestic Assault Off His Client’s Record](https://bkdefense.com/mike-brandt-keeps-domestic-assault-off-his-clients-record/) - Date: August 2019 City/County: Blaine, Anoka County Charges: Misdemeanor Domestic Assault Result: The Domestic Assault Charge was reduced to Disorderly Conduct. Mike's client received a "stay of adjudication" which means there is no conviction from this incident and the charge will be dismissed when he completes probation.
- [Mike Gets Felony Charges Reduced to a Gross Misdemeanor with a Stay of Adjudication for his Client](https://bkdefense.com/mike-gets-felony-charges-reduced-to-a-gross-misdemeanor-with-a-stay-of-adjudication-for-his-client/) - Date: August 2024 Case: Felony 5th Degree Controlled Substance Attorney: Michael J. Brandt Result: Michael was hired to represent a client facing a Felony 5th Degree Controlled Substance charge. After pointing out to the prosecutor the problems with the search warrant, the prosecutor agreed to reduce the charge to a gross misdemeanor and agreed to
- [Domestic Assault Charge Continued for Dismissal with Mike Brandt’s Help](https://bkdefense.com/domestic-assault-charge-continued-for-dismissal-with-mike-brandts-help/) - Date: August 2019 Case: Misdemeanor Domestic Assault Attorney: Michael J. Brandt Result: A client charged with Misdemeanor Domestic Assault after an incident involving his daughter was able to resolve their case with a continuance for dismissal with Mike’s help. Negotiations allow the charge to be dismissed after six and a half months if Mike’s client complies with the conditions of the agreement. The client will be eligible to expunge this record upon dismissal of the case.
- [Mike Brandt Helps Client Avoid a DWI Conviction](https://bkdefense.com/mike-brandt-helps-client-avoid-a-dwi-conviction/) - Date: August 2019 Case: Misdemeanor DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with Misdemeanor DWI after blowing a .10 in Anoka County. Mike was able to negotiate an agreement that resulted in a Careless Driving conviction with no jail time and only one year of unsupervised probation for his client. Mike’s client will also be eligible to expunge this record in 2022.
- [Client Obtains a Dismissal on Domestic Assault Charge with Mike Brandt’s Assistance](https://bkdefense.com/client-obtains-a-dismissal-on-domestic-assault-charge-with-mike-brandts-assistance/) - Date: September 2019 Case: Misdemeanor Domestic Assault Attorney: Michael J. Brandt Result: Mike Brandt’s client was charged with Misdemeanor Domestic Assault after an incident occurring in Hennepin County. Mike provided diligent case preparations prior to Jury Trial, resulting in dismissal by the prosecution. The case was dismissed in its entirety, the no contact order was vacated, and the client became immediately eligible for expungement of these records.
- [Mike’s Client Avoids Conviction in Domestic Assault Case](https://bkdefense.com/mikes-client-avoids-conviction-in-domestic-assault-case/) - Date: October 2024 Attorney: Michael J. Brandt Result: Mike’s client was charged with one count of Misdemeanor Domestic Assault. Through successful negotiations with the prosecutor and his client’s proactive steps, Mike was able to negotiate a plea agreement for a lesser charge. Mike also negotiated a stay of adjudication, meaning once the client has successfully
- [Domestic Assault Charge Dismissed with Mike Brandt’s Assistance](https://bkdefense.com/domestic-assault-charge-dismissed-with-mike-brandts-assistance/) - Date: September 2019 Case: Misdemeanor Domestic Assault Attorney: Michael J. Brandt Result: Mike Brandt’s client was charged in Hennepin County with two counts of misdemeanor domestic assault after an alleged incident with a significant other. After reviewing the evidence and obtaining an affidavit from the involved parties, the case was dismissed. This allowed the client to keep his record clear of criminal convictions.
- [Continuance for Dismissal in Unlawful Practice of Medicine case](https://bkdefense.com/continuance-for-dismissal-in-unlawful-practice-of-medicine-case/) - Date: January 2025 Case: Gross Misdemeanor- Unlawful Practice of Medicine Attorney: Mike Brandt Result: Mike’s client was charged with Gross Misdemeanor- Unlawful Practice of Medicine. Based on Mike’s thorough investigation into the matter and preparation for trial, the prosecutor agreed to continue the matter for one year at which time the charges will be dismissed.
- [Mike Helps Client Avoid Felony Conviction](https://bkdefense.com/mike-helps-client-avoid-felony-conviction/) - Date: November 2024 Case: Felony Criminal Sexual Conduct Attorney: Michael J. Brandt Result: Charges reduced to a gross misdemeanor and client gets a stay of adjudication and probation. Upon completion of probation, the client’s charges will be dismissed.
- [Mike Negotiates a Stay of Adjudication in Violation of Restraining Order Case](https://bkdefense.com/mike-negotiates-a-stay-of-adjudication-in-violation-of-restraining-order-case/) - Date: November 2024 Case: Violation of Restraining Order Attorney: Michael J. Brandt Result: Stay of Adjudication. This means that Mike’s client was not convicted of anything and upon successful completion of probation, the charges will be dismissed, and Mike’s client will be eligible for an expungement.
- [Mike Helps Client Avoid DWI Conviction](https://bkdefense.com/mike-helps-client-avoid-dwi-conviction/) - Date: November 2019 Case: Misdemeanor Fourth Degree DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with a Fourth Degree DWI after an incident occurring in Anoka County. The client’s breath test resulted in a .13 reading. Mike was able to negotiate a resolution resulting in a Misdemeanor Careless Driving conviction.
- [Autumn’s Client Avoids Conviction in Harassment Restraining Order Violation Case](https://bkdefense.com/autumns-client-avoids-conviction-in-harassment-restraining-order-violation-case/) - Date: October 2024 Case: Violation of Harassment Restraining Order Attorney: Autumn R. Stokes Result: Autumn’s client was charged with Violating a Harassment Restraining Order in Anoka County. Based on her negotiations with the prosecutor, Autumn was able to secure a Stay of Adjudication for her client. After successfully completing one year of unsupervised probation, her
- [Mike Helps Client Avoid a DWI Conviction](https://bkdefense.com/mike-helps-client-avoid-a-dwi-conviction/) - Date: November 2019 Case: Fourth Degree DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with a Misdemeanor Fourth Degree DWI after an incident occurring in Ramsey County. Mike assisted his client in getting the charge reduced to careless driving. The resolution of this case allows the client to be on unsupervised probation and a minimal fine was imposed.
- [Autumn Negotiates Continuance for Dismissal in Hennepin County Theft Case](https://bkdefense.com/autumn-negotiates-continuance-for-dismissal-in-hennepin-county-theft-case/) - Date: September 2024 Attorney: Autumn R. Stokes Case: Misdemeanor Theft Result: Autumn’s client was charged with Misdemeanor Theft in Hennepin County. After emphasizing the legal issues in the case and the proactive steps her client had taken since the incident, Autumn successfully negotiated a Continuance for Dismissal. After successful completion of a one-year Diversion Program,
- [Autumn Secures Agreement for Diversion in a Theft Case](https://bkdefense.com/autumn-secures-agreement-for-diversion-in-a-theft-case/) - Date: February 2025 Case: Misdemeanor Theft Attorney: Autumn R. Stokes Result:Autumn’s client was charged with Misdemeanor Theft in Ramsey County. After directing her client to complete proactive measures and reviewing the State’s evidence, Autumn successfully negotiated a Pre-Trial Diversion agreement. After successful completion of a three-month Diversion Program, the charge will automatically be dismissed without
- [Autumn Gets Client Continuance for Dismissal on Misdemeanor Theft Charges](https://bkdefense.com/autumn-gets-client-continuance-for-dismissal-on-misdemeanor-theft-charges/) - Date: December 2024 Case: Misdemeanor Theft Attorney: Autumn R. Stokes Result: Autumn’s client was facing Misdemeanor Theft charges and needed help. Autumn went above and beyond, reviewing evidence from the prosecution and encouraging her client to take proactive steps to help with their case. Ultimately Autumn was able to negotiate with the prosecutor, securing a
- [Autumn Successfully Advocates for Order for Protection in Client's Case](https://bkdefense.com/autumn-wins-order-for-protection-case-for-client/) - Date: January 2025 Case: Order for Protection Attorney: Autumn Stokes Result: Autumn’s client was in a difficult situation and filed an Ex Parte Petition for an Order for Protection. Unfortunately, this Order was denied, but Autumn and her client did not give up. They scheduled another hearing for an Order for Protection and had several
- [Autumn Secures Continuance for Dismissal for Client](https://bkdefense.com/autumn-secures-continuance-for-dismissal-for-client/) - Date: December 2024 Case: Misdemeanor Duty to Drive with Due Care Attorney: Autumn Stokes Result: Autumn’s client was charged with a Misdemeanor Duty to Drive with Due Care. In order to assure the client could achieve the best possible result for their case, Autumn took it upon herself to thoroughly review the state’s evidence and
- [Autumn Negotiates a Stay of Adjudication for School Bus Arm Violation](https://bkdefense.com/autumn-negotiates-a-stay-of-adjudication-for-school-bus-arm-violation/) - Date: February 2025 Case: Fail to Stop for School Bus Attorney: Autumn R. Stokes Result: Autumn’s client was facing Misdemeanor charges for failing to stop for a school bus when its arm was extended. After negotiations with the prosecutor, Autumn was able to secure a Stay of Adjudication, meaning that Autumn’s client was not convicted
- [Autumn Avoids Conviction in Juvenile Disorderly Conduct Case](https://bkdefense.com/autumn-avoids-conviction-in-juvenile-disorderly-conduct-case/) - Date: March 2025 Case: Disorderly Conduct - Brawling or Fighting Attorney: Autumn R. Stokes Results: Autumn’s Juvenile client was facing a Misdemeanor Disorderly Conduct charge after a school fight ensued. When the client chose to proceed to trial, she diligently prepared by working closely with her client, analyzing all evidence, and gathering witness testimony. Her
- [Autumn Secures Dismissal for Violation of Harassment Restraining Order Case](https://bkdefense.com/autumn-secures-dismissal-for-violation-of-harassment-restraining-order-case/) - Date: March 2025 Case: Violate Harassment Restraining Order Attorney: Autumn R. Stokes Result: Autumn’s client was facing a Violating a Harassment Restraining Order charge in Sherburne County. After meticulously analyzing the evidence and reports, she identified key factual inconsistencies and presented them to the prosecutor. Her strategic advocacy led to the dismissal of the charge.
- [Autumn Negotiates a Misdemeanor DWI Down to a Careless Driving](https://bkdefense.com/autumn-negotiates-a-misdemeanor-dwi-down-to-a-careless-driving/) - Date: March 2025 Case: Fourth Degree DWI Attorney: Autumn R. Stokes Result: Autumn’s client was facing charges of Fourth Degree DWI in Isanti county. Through her effective negotiations with the prosecution, Autumn was able to get her client’s charges reduced to Careless Driving and the DWI charges dismissed.
- [Paul Gets Domestic Assault Case Dismissed](https://bkdefense.com/paul-gets-domestic-assault-case-dismissed/) - Date: April 2025 Case: Felony Domestic Assault by Strangulation Attorney: Paul L. Young Results: Paul’s client was charged with Domestic Assault by Strangulation. Through his aggressive motion practice and close correspondence with his client, Paul ultimately secured a dismissal of the entire criminal case.
- [Nicole Negotiates Charge Dismissal & No Probation for Juvenile](https://bkdefense.com/nicole-negotiates-charge-dismissal-no-probation-for-juvenile/) - Date: January 2025 Case: Careless Driving & Speeding Attorney: Nicole A. Kettwick Result: Nicole’s juvenile client was charged in Hennepin County with careless driving and speeding after driving 20 MPH over the speed limit and not utilizing turn signals. Due to the proactive steps her client took, Nicole was able to negotiate a continuance for
- [Nicole Helps Client Avoid Prison Time in Felony Pornography Case](https://bkdefense.com/nicole-helps-client-avoid-prison-time-in-felony-pornography-case/) - Date: February 2025 Case: Felony Possession of Pornographic Work; Minor Under 14 Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with multiple counts of Felony Possession of Pornographic Work. She ultimately was able to reduce the number of counts they were charged with and the Prosecutor agreed to a Dispositional Departure. The Judge granted
- [Nicole Helps Client Avoid Prison with Stay of Adjudication for Third Degree Drug Charge and Dismissal of First Degree Drug Charge](https://bkdefense.com/nicole-helps-client-avoid-prison-with-stay-of-adjudication-for-third-degree-drug-charge-and-dismissal-of-first-degree-drug-charge/) - Date: September 2024 Case: Felony First Degree and Third Degree Drug Charges, Fourth Degree DWI Attorney: Nicole A. Kettwick Result: Nicole secured a highly favorable resolution in a complex drug and DWI case. The client faced serious charges, including First Degree Drug Possession, which carries a presumptive prison sentence. Nicole worked with the client to
- [Kettwick Negotiates Continuance for Dismissal for BB Gun Case](https://bkdefense.com/kettwick-negotiates-continuance-for-dismissal-for-bb-gun-case/) - Date: January 2025 Case: Gross Misdemeanor Carry BB Gun in Public Place Attorney: Nicole Kettwick Result: Kettwick’s client was facing Gross Misdemeanor Carry BB Gun in Public Place charges after forgetting about a BB gun in their backpack at the airport. In preparation for the case, Kettwick worked with her client to gather compelling circumstances
- [Nicole Gets Stay of Adjudication in Assault and Disorderly Conduct Case](https://bkdefense.com/nicole-gets-stay-of-adjudication-in-assault-and-disorderly-conduct-case/) - Date: October 2024 Case: 5th Degree Assault and Disorderly Conduct Attorney: Nicole Kettwick Result: Nicole represented a teacher charged with 5th Degree Assault and Disorderly Conduct. Nicole negotiated with the prosecutor and was able to secure a deal in which the assault charge was dismissed and the disposition for the disorderly conduct was a Stay
- [Nicole & Paul’s Client Acquitted of Felony Third Degree Criminal Sexual Conduct After an 11-Day Jury Trial](https://bkdefense.com/nicole-pauls-client-acquitted-of-felony-third-degree-criminal-sexual-conduct-after-an-11-day-jury-trial/) - Date: October 2024 Case: Felony Third Degree Criminal Sexual Conduct Attorneys: Nicole A. Kettwick and Paul L. Young Result: After an eleven-day jury trial, Nicole & Paul secured a not guilty verdict for their client who faced charges of Felony Third Degree Criminal Sexual Conduct. Throughout the case, Nicole & Paul conducted a comprehensive investigation,
- [Nicole Avoids Conviction for Client after Parking Lot Collision](https://bkdefense.com/nicole-avoids-conviction-for-client-after-parking-lot-collision/) - Date: February 2025 Case: Gross Misdemeanor Leave Scene of Personal Injury Crash Attorney: Nicole Kettwick Result: Nicole’s client was charged with leaving the scene after a collision in a store parking lot. Nicole and her client worked together to complete some proactive steps and were ultimately able to resolve the case with a stay of adjudication.
- [Nicole Negotiates Continuance for Dismissal for Misdemeanor Assault](https://bkdefense.com/nicole-negotiates-continuance-for-dismissal-for-misdemeanor-assault/) - Date: February 2025 Case: Misdemeanor 5th Degree Assault Attorney: Nicole Kettwick Result: Nicole’s client was facing Misdemeanor Assault charges after an incident at an amusement park. She worked closely with her client and the prosecution and was able to negotiate a continuance for dismissal. After one year of meeting the required conditions, the prosecution will
- [Nicole helps Client Avoid Conviction for Disorderly Conduct Charge](https://bkdefense.com/nicole-helps-client-avoid-conviction-for-disorderly-conduct-charge/) - Date: April 2025 Case: Misdemeanor Disorderly Conduct Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with disorderly conduct after a struggle with their partner’s daughter. Nicole worked out a resolution with a continuance for dismissal which meant her client did not have to enter a guilty plea and the case will be automatically dismissed
- [Client avoids prison and jail after second felony DWI](https://bkdefense.com/client-avoids-prison-and-jail-after-second-felony-dwi/) - Date: February 2025 Case: Pending Felony DWI Attorney: Nicole Kettwick Result: Nicole’s client was facing a prison sentence after a relapse and a second felony DWI. Although the prosecutor was initially unwilling to agree to a departure, after months of gathering proactive steps and negotiations, the prosecutor ultimately agreed to a departure if the client
- [DWI Charge & Driver’s License Revocation Reduced](https://bkdefense.com/dwi-charge-drivers-license-revocation-reduced/) - Date: January 2020 Case: GM Third Degree DWI - Refusal Attorney: Michael J. Brandt Result: Mike’s client was charged with a Gross Misdemeanor Test Refusal in Anoka County from October 2019. Mike was able to negotiate a plea for his client to the reduced charge of Misdemeanor Fourth Degree DWI. This resulted in a lesser conviction and also resulted in the revocation of his client’s driving privileges to go from one year down to only 30 days.
- [Continuance for Dismissal on Theft Charges](https://bkdefense.com/continuance-for-dismissal-on-theft-charges/) - Date: January 2020 Case: Misdemeanor Theft Attorney: Michael J. Brandt Result: Mike’s client was charged with Misdemeanor Theft for an incident occurring in McLeod in 2018. After persistent efforts and pushing the case to trial, Mike was able to negotiate a continuance for dismissal for his client. This means that his client did not plead guilty, did not admit guilt, and if they have no same or similar offenses for 6 months, the charges will be dismissed. Mike also negotiated that his client's record will expunged (sealed) following the dismissal.
- [Court Grants Nicole’s Motion for a Downward Departure](https://bkdefense.com/court-grants-nicoles-motion-for-a-downward-departure/) - Date: January 2020 Case: Felony Fleeing a Peace Officer in a Motor Vehicle and Misdemeanor Fourth Degree DWI Attorney: Nicole Kettwick Result: Anoka County charged Nicole’s client with Felony Fleeing a Peace Officer and Fourth Degree DWI after a DWI turned into a police chase. Nicole filed a Motion with the Court asking for a durational departure. The State objected but the Court Granted Nicole’s Motion which meant her client avoided a felony conviction.
- [Nicole’s Client Avoids Criminal Conviction](https://bkdefense.com/nicoles-client-avoids-criminal-conviction/) - Date: May 2020 Case: Misdemeanor Failure to Stop for Traffic Control Signal Attorney: Nicole Kettwick Result: Nicole’s client was charged with a misdemeanor Failure to Stop for Traffic Control Signal in Anoka County after the police investigated the scene of an accident. Nicole negotiated with the prosecutor and the prosecutor agreed to reduce the charges to a Petty Misdemeanor, this allowed Nicole’s client to avoid a criminal conviction.
- [Jail Time and Gross Misdemeanor Avoided in Violation of a Restraining Order](https://bkdefense.com/jail-time-and-gross-misdemeanor-avoided-in-violation-of-a-restraining-order/) - Date: July 2020 Case: Gross Misdemeanor Violation of a Harassment Restraining Order Attorney: Michael Brandt Result: Mike’s client was charged with Gross Misdemeanor Violation of a Harassment Restraining Order (HRO). Mike’s client and his ex-spouse had been communicating via text message which was a violation of an existing HRO. At Mike’s urging, the prosecutor reduced the charges to Misdemeanor Violation of an HRO and Mike’s Client pled guilty. Mike also got the prosecutor to agree to not charge any other violations that might have occurred prior to the charge his client was pleading to. Notwithstanding the fact that the statute requires mandatory minimum jail sentences, Mike’s Client will not have to serve any and was only required to pay a small fine.
- [Felony Domestic Strangulation Charges Reduced to Disorderly Conduct](https://bkdefense.com/felony-domestic-strangulation-charges-reduced-to-disorderly-conduct/) - Date: October 2020 Case: Domestic Assault by Strangulation and Domestic Assault Attorney: Michael J. Brandt Result: Mike’s client was charged with Felony Domestic Assault by Strangulation and Misdemeanor Domestic Assault in Anoka County. Mike pointed out inconsistencies in the alleged victim’s story and presented the prosecutor with video evidence contradicting the alleged victim’s story. Based on this, the prosecutor reduced the charge to disorderly conduct and the prosecutor dismissed the other charge. Mike’s client was sentenced to no jail time, a small fee, and one year of probation. However, once Mike’s client paid the fee, then he was discharged from probation.
- [Domestic Assault Charge Dismissed](https://bkdefense.com/domestic-assault-charge-dismissed/) - Date: October 2020 Case: Domestic Assault Attorney: Michael J. Brandt Result: Mike’s client was charged with Misdemeanor Domestic Assault in Hennepin County. In preparation for the case, Mike reviewed the State’s evidence and conducted his own investigation. The case was scheduled for a jury trial, but prior to trial, the prosecutor dismissed the case.
- [Misdemeanor speeding ticket reduced to a Petty Misdemeanor](https://bkdefense.com/misdemeanor-speeding-ticket-reduced-to-a-petty-misdemeanor/) - Date: November 2020 Case: Speeding Attorney: Michael J. Brandt Result: Mike’s client was charged with a misdemeanor for driving 100mph in a 65mph zone in Hennepin County. The prosecuting attorney insisted that Mike’s client be convicted of a misdemeanor and to be placed on probation. Mike scheduled the case for trial, but on the day of trial the prosecutor finally agreed to amend the charge to a petty misdemeanor and reduce the speed to 89mph in a 65mph zone. Because of this negotiation, Mike’s client was only required to pay a fine and was not subject to probation.
- [Mike Wins Forfeiture Challenge and Gets Client Nearly $30,000 Back](https://bkdefense.com/mike-wins-forfeiture-challenge-and-gets-client-nearly-30000-back/) - Date: January, 2021 Case: Controlled Substances Forfeiture Attorney: Michael J. Brandt Result: Mike’s client was charged with a Controlled Substance criminal charges. While searching Mike’s client’s house, the police seized nearly $30,000 in U.S. Currency in addition to controlled substances. Mike filed a forfeiture in civil court challenging the forfeiture and arguing that this money should be returned to his client. Mike ultimately negotiated a settlement where the State agreed to return the $30,000 back to Mike’s client.
- [Threats of Violence Reduced to a Misdemeanor](https://bkdefense.com/threats-of-violence-reduced-to-a-misdemeanor/) - Date: June 2021 Case: Threats of Violence and Domestic Assault Attorney: Michael J. Brandt Result: During an argument with his girlfriend, Mike’s client shouted while holding a gun, causing the police to be called. Mike’s client was charged with Threats of Violence, a felony, and Domestic Assault, a misdemeanor. Mike was successful in pointing out that the alleged victim was unreliable and that the facts didn’t support the charge. Mike’s client also took the proactive step of attending counseling. Based upon this, Mike was able to negotiate with the prosecutor to amend the charge to Reckless Handling of a Firearm, a misdemeanor. Mike’s client was placed on probation for one year, avoided losing his gun rights, and avoided serving any jail time.
- [Nicole’s Client Receives Stay of Adjudication on Felony Threats of Violence, Felony Assault Dismissed](https://bkdefense.com/nicoles-client-receives-stay-of-adjudication-on-felony-threats-of-violence-felony-assault-dismissed/) - Date: June 2021 Case: Threats of Violence and Domestic Assault by Strangulation Attorney: Nicole A. Kettwick Result: Nicole’s client was arrested after an argument with his wife in Swift County and was charged with Felony Terroristic Threats, Felony Domestic Assault by Strangulation, and Misdemeanor Domestic Assault. Nicole encouraged her client to complete some proactive steps which helped lead to a favorable settlement called a Stay of Adjudication for the Terroristic Threats charge. As part of the agreement, the prosecutor dismissed the domestic assault charges. Nicole’s client pled guilty to Terroristic Threats, but per the agreement the Court did not accept this plea and, instead, placed Nicole’s client on 3 years of probation without requiring any jail time. Upon successful completion of probation, the charge will be dismissed and Nicole’s client will avoid a conviction.
- [Nicole Secures Dismissal for Client in Marijuana Possession Case](https://bkdefense.com/nicole-secures-dismissal-for-client-in-marijuana-possession-case/) - Date: November 2020 Case: Possess/Sale Small Amount of Marijuana Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with a petty misdemeanor possession/sale of a small amount of marijuana after the friends he was with admitted to smoking a marijuana cigarette. Nicole’s client lost his job due to the incident. However, as Nicole’s client was the only person out of his friends who was cooperative with the police, Nicole was able to convince the prosecutor to dismiss the case in the interests of justice. Nicole’s client now maintains a clean record, is immediately eligible for expungement, and has hope of returning to this job.
- [Mike’s Client Avoids Gross Misdemeanor Charge and Jail Time](https://bkdefense.com/mikes-client-avoids-gross-misdemeanor-charge-and-jail-time/) - Date: January 2021 Case: 3rd Degree DWI Attorney: Michael J. Brandt Result: Mike’s client was originally charged with a Gross Misdemeanor 3rd Degree DWI. Through negotiations, Mike was able to reach a resolution with the prosecutor where his client pled to a Misdemeanor 4th Degree DWI and the 3rd Degree DWI was dismissed. Instead of serving any jail time, Mike’s client was placed on unsupervised probation for 2 years and had to pay a small fine.
- [Mikes Client Avoids Felony Conviction by Pleading to Disorderly Conduct](https://bkdefense.com/mikes-client-avoids-felony-conviction-by-pleading-to-disorderly-conduct/) - Date: February 2021 Case: Robbery and Assault Attorney: Michael J. Brandt Result: Mike’s client was charged with Felony Simple Robbery, Felony Assault in the Third Degree, and Misdemeanor Assault in the Fifth Degree. After reviewing the State’s evidence, Mike challenged probable cause for the felony charges. After back and forth discussions with the prosecutor, Mike eventually negotiated a resolution where his client plead guilty to misdemeanor disorderly conduct and the rest of the charges were dismissed.
- [Third Degree Gross Misdemeanor DWI Reduced to a Misdemeanor](https://bkdefense.com/third-degree-gross-misdemeanor-dwi-reduced-to-a-misdemeanor/) - Date: March 2021 Case: Third Degree DWI (test refusal) Attorney: Mike Brandt Result: Mike’s client was charged with a gross misdemeanor third degree DWI after crashing his car while impaired and refusing to take the breath test at the station. After reviewing the State’s evidence and helping his client take proactive steps following the incident, Mike resolved the case where Mike’s client pled to a third degree DWI, but the Court lowered the sentence to a misdemeanor. As part of this agreement, Mike’s client was placed on unsupervised probation for 2 years and avoided any jail time.
- [Mike Gets DWI Charges Reduced and Child Endangerment Charge Dismissed](https://bkdefense.com/mike-gets-dwi-charges-reduced-and-child-endangerment-charge-dismissed/) - Date: March 2021 Case: Third Degree DWI & Child Endangerment Attorney: Mike Brandt Result: Mike’s client faced gross misdemeanor charges of child endangerment and a gross misdemeanor DWI. Initially, Mike challenged whether or not his client was illegally arrested. Even though the judge denied Mike’s motion, he ultimately was able to negotiate a resolution with the prosecutor. Based on Mike’s discussions, the prosecutor agreed to dismiss both the gross misdemeanor DWI and the child endangerment charges. Mike’s client pled to a lower level misdemeanor DWI and was placed on probation for 2 years.
- [Mike Secures Stay of Adjudication on Domestic Assault Charge for Client](https://bkdefense.com/mike-secures-stay-of-adjudication-on-domestic-assault-charge-for-client/) - Date: June 2021 Case: Domestic Assault Attorney: Michael J. Brandt Result: During an argument with her daughter, Mike’s client slapped her daughter’s face, leaving a bruise. CPS began an investigation, and she was charged with misdemeanor domestic assault. With the client’s proactive steps of attending therapy and gathering letters of recommendation, Mike was able to negotiate with the prosecutor to amend the charge to disorderly conduct and the client received a stay of adjudication for 1 year. This resolution allowed Mike’s client to move forward from her mistake and heal with her family while minimizing the impact that a charge for domestic assault could have on her life.
- [Nicole Negotiates Felony Fleeing Down to Misdemeanor Speeding, Forfeited Vehicle Returned](https://bkdefense.com/nicole-negotiates-felony-fleeing-down-to-misdemeanor-speeding-forfeited-vehicle-returned/) - Date: May 2021 Case: DWI and Felony Fleeing Attorney: Nicole A. Kettwick Result: Nicole’s client faced Felony Fleeing and Gross Misdemeanor DWI charges after she was pulled over in Aitkin County for going over 100 miles per hour in a 30 mile per hour zone. The State charged her with felony fleeing in a motor vehicle and DWI. After a blood test showed she did not have any alcohol or controlled substances in her system, Nicole filed a motion to dismiss the DWI, which the Court granted. Nicole’s client was still facing a felony fleeing charge. Nicole, her client and family helped gather information to show some proactive steps she took since the incident and discussed the legal challenges in the case with the prosecutor. Nicole was able to negotiate the Felony Fleeing charge down to Misdemeanor Speeding with only one year of probation and no jail time. This resolution allowed Nicoles’s client to get back on her feet and avoid a felony conviction on her record and she was able to get her vehicle returned to her.
- [Nicole Secures Stay of Adjudication on Domestic Assault Case](https://bkdefense.com/nicole-secures-stay-of-adjudication-on-domestic-assault-case/) - Date: July 2021 Case: Domestic Assault Attorney: Nicole A. Kettwick Result: After an argument with a live-in girlfriend, Nicole’s client faced two counts of misdemeanor domestic assault. Nicole negotiated a stay of adjudication for her client which allows her client to avoid a conviction for this offense if he successfully completes probation.
- [Mike Helps Client Obtain a Continuance for Dismissal](https://bkdefense.com/mike-helps-client-obtain-a-continuance-for-dismissal/) - Date: October 2021 Case: Misdemeanor Domestic Assault Attorney: Mike Brandt Result: Mike was retained to help a client fight a misdemeanor domestic assault charge. After reviewing the evidence and encouraging the client to take proactive steps, Mike was able to negotiate a continuance for dismissal. Mike’s client just needs to have no same or similar offenses and the prosecutor will automatically dismiss the charges after one year.
- [Nicole Secures Dismissal in Assault Case](https://bkdefense.com/nicole-secures-dismissal-in-assault-case/) - Date: January 2022 Case: 5th Degree Assault Attorney: Nicole A. Kettwick Result: After a disagreement with a stubborn neighbor led to the neighbor wrongfully reporting an assault, Nicole’s client faced a misdemeanor fifth degree assault charge. With her client’s clean criminal history and numerous witnesses supporting her client and his version of events, Nicole was able to negotiate effectively with the prosecutor on his case. Ultimately, the prosecutor dismissed the charge against her client.
- [Assault charges dismissed](https://bkdefense.com/assault-charges-dismissed/) - Date: January 2022 Case: 5th Degree Assault Attorney: Nicole A. Kettwick Result: A neighbor dispute led to a misdemeanor fifth degree assault charge against Nicole’s client. Nicole met with her client and the two made a plan to fight the charges. After numerous witnesses supporting Nicole’s client and his version of events and a conversation with the prosecutor, the prosecutor dismissed the charge against her client.
- [Felony Drug Charges reduced](https://bkdefense.com/felony-drug-charges-reduced/) - Date: April 2022 Case: Second Degree Controlled Substance Attorney: Mike Brandt Result: Mike’s client was charged with Second-Degree Controlled Substance Possession for allegedly possessing a substantial quantity of cocaine. Based on various legal challenges Mike made regarding his client’s arrest, Mike was able to negotiate a resolution with the prosecutor in which the prosecutor agreed to amend the charge to a lower level Fifth-Degree Controlled Substance Possession. This will allow the charge to drop to a misdemeanor when his client is off probation and also allows his client the opportunity to have these records expunged (sealed).
- [Felony Charges Reduced to Misdemeanors](https://bkdefense.com/felony-charges-reduced-to-misdemeanors/) - Date: June 2022 Case: Felony Domestic Assault by Strangulation Attorney: Michael J. Brandt Result: Mike’s client was charged with a Felony Domestic Assault by Strangulation after an incident occurring in December 2021. Based on the facts of the case as well as Mike’s client’s proactive participation in chemical dependency treatment and counseling, Mike negotiated a resolution where the felony was reduced to two misdemeanors and probation. His client avoided a felony conviction on his record, was able to keep his right to his firearms, and will not serve any jail time.
- [Nicole Secures Stay of Adjudication on Reduced Charge, Minimal Unsupervised Probation](https://bkdefense.com/nicole-secures-stay-of-adjudication-on-reduced-charge-minimal-unsupervised-probation/) - Date: August 2022 Case: Gross Misdemeanor Collision – Failure to Stop, Misdemeanor Careless Driving Attorney: Nicole Kettwick Result: Nicole’s client was charged with Gross Misdemeanor Collision – Failure to Stop and Misdemeanor Careless Driving in Washington County. Based on Nicole’s negotiations with the prosecutor, she was able to secure her client a dismissal of the gross misdemeanor charge, a stay of adjudication on a reduced misdemeanor charge of Public Nuisance, and unsupervised probation. Plus, the whole case will be dismissed after just 1 year of probation.
- [Nicole’s Client Avoids Prison in Drug Case](https://bkdefense.com/nicoles-client-avoids-prison-in-drug-case/) - Date: December 2022 Case: Felony Second Degree Controlled Substance Possession, Misdemeanor Fourth Degree DWI Attorney: Nicole Kettwick Result: After being pulled over for a DWI, law enforcement searched our client’s vehicle and found cocaine and a large amount of cash. As a result, he was charged with Felony Second Degree Controlled Substance Possession and a DWI. Because of his criminal history score, he was facing a presumptive prison commitment of up to 117 months. However, based on the client’s proactive steps and Nicole’s negotiations with the prosecutor, Nicole was able to negotiate a downward durational departure with no additional jail or prison time. This means that if the client is successful on probation, he will avoid spending any time in jail or prison.
- [Mike Helps Client Avoid a Conviction for Fleeing](https://bkdefense.com/mike-helps-client-avoid-a-conviction-for-fleeing/) - Date: October 2021 Case: 5th Degree Controlled Substance & Fleeing Attorney: Mike Brandt Result: Mike was retained to help a client fight 5th degree controlled substance and felony fleeing charges. The fleeing charge would have caused Mike’s client to lose his license for a year and potentially have a felony conviction. Mike was able to negotiate a resolution were his client plead guilty to misdemeanor obstruction of legal process and the fleeing charge, but Mike’s client received a stay of adjudication on the fleeing charge. This resolution helped the client to avoid any jail time, and it saved the client’s license.
- [Mike Assists Client in Avoiding a Domestic Assault Conviction](https://bkdefense.com/mike-assists-client-in-avoiding-a-domestic-assault-conviction/) - Date: November 2021 Case: Domestic Assault Attorney: Mike Brandt Result: Mike was retained to help a client fight charges of Gross Misdemeanor Interference with Emergency Telephone Communications and Misdemeanor Domestic Assault in Ramsey County. After reviewing the evidence and encouraging his client to take proactive steps, Mike was able to negotiate a resolution where his client plead guilty to a reduced charge of Misdemeanor Disorderly Conduct. All other charges were dismissed and Mike’s client received one year probation with no jail to serve.
- [Client Avoids Felony Theft Conviction](https://bkdefense.com/client-avoids-felony-theft-conviction-2/) - Date: November 2021 Case: Felony Theft – Divert Corporate Property (Over $35,000) Attorney: Mike Brandt Result: Mike was retained to help a client fight a felony theft charge. Mike’s client was concerned about having a felony conviction on his record. Based on the client’s concerns, Mike was able to negotiate a resolution with the prosecutor in which Mike’s client plead guilty to misdemeanor theft and paid restitution. Mike’s client was able to avoid a felony conviction, served no jail time, and is not on probation.
- [Fourth Degree DWI Reduced to Careless Driving](https://bkdefense.com/fourth-degree-dwi-reduced-to-careless-driving/) - Date: November 2021 Case: DWI Attorney: Mike Brandt Result: Mike was retained to help a client charged with misdemeanor DWI in Wright County. Mike reviewed the evidence and brought a motion to suppress evidence. Mike discussed the legal issues with the prosecutor and due to the issues Mike raised, Mike was successful in getting the DWI charge reduced to a Careless Driving. As a result, Mike’s client was able to avoid a DWI conviction on his record.
- [Nicole’s Client Avoids DWI Conviction](https://bkdefense.com/nicoles-client-avoids-dwi-conviction/) - Date: November 2021 Case: Fourth Degree DWI Attorney: Nicole Kettwick Results: After Nicole’s client got into an accident on a major roadway, he faced a misdemeanor DWI charge. With the client’s proactive steps, Nicole was able to negotiate the charge down to careless driving without supervised probation. This resolution allows her client to avoid a DWI conviction and move on from this difficult incident.
- [Nicole’s Client Avoids Prison in Threats of Violence Case](https://bkdefense.com/nicoles-client-avoids-prison-in-threats-of-violence-case/) - Date: November 2021 Case: Felony Threats of Violence and Felony 2nd Degree Assault Attorney: Nicole A. Kettwick Result: A neighbor dispute escalated and Nicole’s client faced two felony charges: Threats of Violence and Second Degree Assault. These charges carried with them a potential prison sentence. As Nicole’s client was a husband and father of two, Nicole was able to negotiate the charges down to one count of misdemeanor disorderly conduct with 1 year of probation. With this resolution, Nicole’s client can move forward from this incident and be there for his children.
- [Nicole’s Client Avoids Conviction After Multiple Car Accident](https://bkdefense.com/nicoles-client-avoids-conviction-after-multiple-car-accident/) - Date: January 2022 Case: Fail to Yield to a Right of Way Attorney: Nicole A. Kettwick Result: Nicole’s client got into an accident in Anoka County with two other vehicles after turning left into an intersection. This led to her getting charged with a misdemeanor for failing to yield to the oncoming traffic, which Nicole’s client was worried would negatively impact her driving record. Nicole spoke with the prosecutor about her client’s personal situation and the prosecutor ultimately agreed to a continuance for dismissal. This means that Nicole’s client did not have to admit any guilt and her driving and criminal record remained clean.
- [Mike Secures Continuance for Dismissal in Domestic Assault Case](https://bkdefense.com/mike-secures-continuance-for-dismissal-in-domestic-assault-case/) - Date: January 2022 Case: Domestic Assault; Disorderly Conduct Attorney: Mike Brandt Result: Mike’s client faced two misdemeanor charges of domestic assault and disorderly conduct after a disagreement with her husband and her neighbor. With the client’s proactive steps in anger management, Mike was able to negotiate a continuance for dismissal for his client. This resolution means that the charges against Mike’s client will be automatically dismissed by the prosecutor in 6 months, and records from this incident will be expunged from her record at this time as well.
- [Nicole Negotiates a Fleeing Charge Down to a Petty Misdemeanor](https://bkdefense.com/nicole-negotiates-a-fleeing-charge-down-to-a-petty-misdemeanor/) - Date: March 2022 Case: Fleeing a Peace Officer and Tampering with a Motor Vehicle Attorney: Nicole Kettwick Result: Nicole’s Client faced two misdemeanor charges, fleeing from a peace officer and tampering with a motor vehicle, while he had another case pending in Hennepin County. With Nicole’s persistence in negotiations with the prosecutor, she was able to get the tampering charge dismissed and the fleeing charge amended to a petty misdemeanor public nuisance charge. Her client pled to the petty misdemeanor and only had to pay a fine.
- [Nicole Secures Continuance for Dismissal in Domestic Assault Case](https://bkdefense.com/nicole-secures-continuance-for-dismissal-in-domestic-assault-case-2/) - Date: April 2022 Case: Domestic Assault Attorney: Nicole Kettwick Result: Nicole’s client faced two Misdemeanor Domestic Assault charges after a disagreement with a family member. With the client’s proactive steps in therapy, Nicole was able to negotiate a continuance for dismissal for her client. This resolution means that the charges against Nicole’s client will be automatically dismissed by the prosecutor after one year.
- [Nicole Secures Client Diversion Program](https://bkdefense.com/nicole-secures-client-diversion-program/) - Date: July 2022 Case: Falsely Reporting a Crime Attorney: Nicole Kettwick Result: Nicole’s client was charged with Misdemeanor Falsely Reporting a Crime. Based on Nicole’s negotiations with the prosecutor, she was able to secure diversion for her client, which means that after one year in Mental Health Court, the charge will be dismissed.
- [Court Grants Nicole’s Request to Stay Adjudication After Felony Charges Dismissed](https://bkdefense.com/court-grants-nicoles-request-to-stay-adjudication-after-felony-charges-dismissed/) - Date: August 2022 Case: Felony Threats of Violence, Misdemeanor Domestic Assault Attorney: Nicole Kettwick Result: Nicole’s client was charged with Felony Threats of Violence and Misdemeanor Domestic Assault. Based on Nicole’s negotiations with the prosecutor, her client’s proactive steps, conflicting testimony from the victim, and witness statements taken by Nicole’s office, Nicole was able to secure her client a dismissal of the felony charge and a stay of adjudication with one year of probation on the misdemeanor charge. After one year of remaining law abiding, the misdemeanor charge will be dismissed and Nicole’s client will not have a criminal conviction on his record.
- [Nicole’s Client Avoids Conviction in Criminal Sexual Conduct Case](https://bkdefense.com/nicoles-client-avoids-conviction-in-criminal-sexual-conduct-case/) - Date: November 2022 Case: Gross Misdemeanor Criminal Sexual Conduct (x2), Misdemeanor Domestic Assault Attorney: Nicole Kettwick Result: Nicole’s client was facing three charges in Wright County: two counts of Gross Misdemeanor Domestic Assault and one count of Misdemeanor Domestic Assault. Based on Nicole’s discussions with the prosecutor and her client’s participation in therapy, Nicole was able to negotiate a dismissal of all the charges and a stay of adjudication for Misdemeanor Disorderly Conduct. This means that after just 1 year of probation, the Disorderly Conduct charge will also be dismissed.
- [Nicole Secures Dismissal on School Bus Arm Violation Charge for Client](https://bkdefense.com/nicole-secures-dismissal-on-school-bus-arm-violation-charge-for-client/) - Date: February 2023 Case: School Bus Stop-Arm Violation Attorney: Nicole Kettwick Result: Nicole’s client was charged with a Misdemeanor School Bus Stop-Arm violation in Hennepin County after allegedly passing a school bus while the stop-arm was extended. Nicole challenged the charge based on lack of probable cause and was able to convince the prosecutor to dismiss the case. This means that the client will maintain a clean record.
- [Nicole Negotiates a Continuance for Dismissal](https://bkdefense.com/nicole-negotiates-a-continuance-for-dismissal/) - Date: June 2023 Case: Disorderly Conduct Attorney: Nicole Kettwick Result: Nicole’s client was facing one count of disorderly conduct stemming from a road rage incident. Based on the facts of the case and the positive steps her client took, Nicole was able to negotiate with the prosecutor for a continuance for dismissal. This means that after one year of
- [Elizabeth Gets Four Expungements for One Client](https://bkdefense.com/elizabeth-gets-four-expungements-for-one-client/) - Date: June 2024 Case: Child Endangerment, Violation of a Harassment Order (x2), Domestic Assault, Fifth Degree Assault (x2) Attorney: Elizabeth A. Orrick Result: Elizabeth secured an expungement for a client that had multiple charges on his record, making it hard for him to obtain employment. On each of these charges, Elizabeth was able to provide
- [Ellie Successfully Expunges Client’s Record of Three Criminal Charges](https://bkdefense.com/ellie-successfully-expunges-clients-record-of-three-criminal-charges/) - Date: June 2024 Case: Underage Liquor Possession, Possession of Marijuana in a Motor Vehicle, and Possession of Drug Paraphernalia Attorney: Elizabeth A. Orrick Result: Ellie secured expungement of records for a client who was previously charged with Underage Liquor Possession, Possession of Marijuana in a Motor Vehicle, and Possession of Drug Paraphernalia. After retaining our
- [Paul Helps Client Avoid Domestic Assault Conviction](https://bkdefense.com/paul-helps-client-avoid-domestic-assault-conviction/) - Date: September 2024 Case: Misdemeanor Domestic Assault Attorney: Paul L. Young Result: Paul’s client was charged with Misdemeanor Domestic Assault, which would have resulted in a seven-year DHS disqualification. In preparation for his client’s case, Paul had several conversations with the prosecutor, explaining relevant details about the client’s personal life and mitigating factors the client
- [Nicole Secures Stay of Adjudication and Dismissal of Second Charge](https://bkdefense.com/nicole-secures-stay-of-adjudication-and-dismissal-of-second-charge/) - Date: September 2024 Case: Fourth Degree Assault & Domestic Assault Attorney: Nicole A. Kettwick Result: Nicole secured a Stay of Adjudication for her client, who was facing charges of Fourth Degree Assault and Domestic Assault. Thanks to Nicole’s strategic negotiations and legal expertise, one charge was completely dismissed, and the client will avoid a criminal
- [Nicole Negotiates Lesser Charge on a Traffic Offense for Client](https://bkdefense.com/nicole-negotiates-lesser-charge-on-a-traffic-offense-for-client/) - Date: October 2024 Case: Misdemeanor Traffic Collision with Failure to Report Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with a Misdemeanor Traffic Collision with Failure to Report after they collided with a parked car. After meeting with the prosecutor and explaining various details about her client’s situation, Nicole secured a lesser charge of
- [Nicole Successfully Expunges Client’s Felony Record](https://bkdefense.com/nicole-successfully-expunges-clients-felony-record/) - Date: September 2024 Case: Felony Fourth Degree Assault Against a Correctional Employee Attorney: Nicole A. Kettwick Result: Nicole Kettwick secured expungement of records for a client who was previously charged with Felony Fourth Degree Assault against a correctional employee. Ms. Kettwick helped her client navigate the legal process by submitting supporting documents and advocating on
- [Nicole Negotiates DWI Refusal Down to a Misdemeanor](https://bkdefense.com/nicole-negotiates-dwi-refusal-down-to-a-misdemeanor/) - Date: November 2024 Case: Third Degree DWI Refusal Attorney: Nicole A. Kettwick Result: Nicole's client was charged in Crow Wing County with a Gross Misdemeanor Third Degree DWI Refusal after an incident in August of 2024. Despite the evidence in this case, Nicole was able to provide the prosecutor with convincing enough arguments and proactive
- [Paul Secures a Dismissal for Domestic Assault Case](https://bkdefense.com/paul-secures-a-dismissal-for-domestic-assault-case/) - Case: Misdemeanor Domestic Assault and Violate Domestic Abuse No Contact Order (DANCO) Attorney: Paul L. Young Result: Paul's client was facing Misdemeanor charges of Domestic Assault and Violating a Domestic Abuse No Contact Order (DANCO), after incidents with their former partner. Through investigation and negotiations, the Domestic Assault case was dismissed, leaving Paul’s client with
- [Minnesota Boating Laws to Operate a Power Boat](https://bkdefense.com/minnesota-boating-laws-to-operate-a-power-boat/) - Minnesota requires some adults and youth who operate motorboats and personal watercrafts (including jet skis) to have a valid watercraft operator’s permit. This law applies to “adult operators” and any person over the age of twelve is considered an adult operator unless you are exempt from the permit requirement. To determine whether you fall into
- [Paul Helps Client Avoid Prison Time for Assault and DWI Charges](https://bkdefense.com/paul-helps-client-avoid-prison-time-for-assault-and-dwi-charges/) - Date: April 2025 Case: Second Degree Assault and Third Degree DWI Attorney: Paul L. Young Result: Paul’s client was facing Felony Assault and DWI charges after an incident in Anoka County. Paul guided his client through proactive measures, and the prosecution dismissed the DWI charge. The Judge granted a Downward Dispositional Departure from the presumptive
- [Violation of Order for Protection Case Continued for Dismissal](https://bkdefense.com/violation-of-order-for-protection-case-continued-for-dismissal/) - Date: April 2025 Case: Misdemeanor Violation of Order for Protection Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with Violating an Order for Protection after a text message exchange was reported to police in Eden Prairie. Based on the equities and the contents of the text, the prosecutor ultimately agreed to a continuance for
- [If You Pass Field Sobriety Testing and the Officer Lacks Reasonable Suspicion of Impairment, an Officer Cannot Give you a Preliminary Breath Test](https://bkdefense.com/if-you-pass-field-sobriety-testing-and-the-officer-lacks-reasonable-suspicion-of-impairment-an-officer-cannot-give-you-a-preliminary-breath-test/) - If You Pass Field Sobriety Testing and the Officer Lacks Reasonable Suspicion of Impairment, an Officer Cannot Give you a Preliminary Breath Test In a recent decision, the Minnesota Court of Appeals ruled in favor of a driver, reversing the Commissioner of Public Safety’s decision to revoke her driving privileges. The court found that the
- [Nicole Gets Speeding and Ignition Interlock Violation Charges Dismissed](https://bkdefense.com/nicole-gets-speeding-and-ignition-interlock-violation-charges-dismissed/) - Date: March 2025 Case: Speeding and Ignition Interlock Restriction Violation Attorney: Nicole A. Kettwick Result: Nicole’s client was facing charges for driving without an ignition interlock device and two speeding charges on two separate occasions. Nicole resolved the 3 charges with a small fine for one speeding charge and all other charges were dismissed.
- [Nicole Obtains Stay of Adjudication for 5th Degree Assault Case](https://bkdefense.com/nicole-obtains-stay-of-adjudication-for-5th-degree-assault-case/) - Date: March 2025 Case: 5th Degree Assault Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with 5th Degree Assault after a road rage incident where her client was accused of pointing a gun at another driver. The case was resolved with a stay of adjudication and unsupervised probation.
- [Brandt Kettwick Defense Welcomes Peter & Autumn to the Firm](https://bkdefense.com/brandt-kettwick-defense-welcomes-peter-autumn-to-the-firm/) - We're excited to announce that Peter Rakke and Autumn Stokes have joined our firm! Peter's strong background in criminal defense includes his dedication to fighting for the rights of the accused and incarcerated during his time as a public defender in Madison, WI. Likewise, Autumn has been a staunch defender of those who have been
- [What is "Probable Cause" and what does it mean?](https://bkdefense.com/what-is-probable-cause-and-what-does-it-mean/) - Maybe you have heard of "probable cause" before? Here is an explanation of probable cause and what it means for you. Probable cause is an important legal standard that members of law enforcement must have before conducting a search or before arresting a person. This provides individuals with protection from arbitrary actions of law enforcement—and
- [The Minnesota Clean Slate Act: A Fresh Start for 2025](https://bkdefense.com/the-minnesota-clean-slate-act-a-fresh-start-for-2025/) - Starting January 1, 2025, Minnesota is hitting "refresh" on its expungement process with the Clean Slate Act. This groundbreaking legislation, spearheaded by Rep. Jamie Long and Sen. Bobby Joe Champion, aims to make the process of clearing criminal records easier, faster, and more accessible. Here's what you need to know: Why Clean Slate? The traditional
- [DWI Stops: Can Police Just Wait Outside of the Local Bar?](https://bkdefense.com/dwi-stops-can-police-just-wait-outside-of-the-local-bar/) - Technically yes. Police officers may wait outside of bars, clubs, and other venues, looking for drunk drivers. Police can patrol these areas, and can do so more extensively if drunk driving incidents are more likely to occur there. However, officers must also have a valid reason to stop a particular driver, since merely leaving a
- [Paul Secures a Stay of Adjudication on Assault Charge; Disorderly Conduct Charge Dismissed](https://bkdefense.com/paul-secures-a-stay-of-adjudication-on-assault-charge-disorderly-conduct-charge-dismissed/) - Date: October 2024 Attorney: Paul L. Young Case: Disorderly Conduct and Fifth Degree Assault Result: Paul Young represented a client on charges of Disorderly Conduct and Fifth Degree Assault. Paul thoroughly reviewed the State’s evidence and encouraged his client to complete proactive steps, leading to a favorable agreement with the prosecutor. Paul’s negotiation secured a
- [Can You Go to Jail for Wearing a Halloween Costume?](https://bkdefense.com/can-you-go-to-jail-for-wearing-a-halloween-costume/) - While Halloween is mostly fun and games, you may need to think a little harder about what legal repercussions your costume may cause. Under Minnesota law, one cannot be arrested simply for wearing a costume. But hold your broomsticks! It is what you do in that costume is what can land you in jail on
- [Will My Child be Charged as a Juvenile or an Adult? Answer: It Depends](https://bkdefense.com/will-my-child-be-charged-as-a-juvenile-or-an-adult-answer-it-depends/) - The general rule in Minnesota is that minors (individuals under the age of 18) charged with crimes fall under the jurisdiction of the juvenile court system. However, there are exceptions to this presumption where a juvenile may have their case “certified” to adult criminal court. Why does it matter? There are key differences between the
- [Elizabeth Gets Misdemeanor Charges Dismissed for Her Client](https://bkdefense.com/elizabeth-gets-misdemeanor-charges-dismissed-for-her-client/) - Date: June 2024 Case: Failure to Drive with Due Care and Failure to Yield to an Emergency Vehicle Attorney: Elizabeth Orrick Result: Elizabeth was hired to represent a client who had been charged with Failure to Drive with Due Care and Failure to Yield to an Emergency Vehicle after rear ending a police squad car.
- [Paul Secures a Stay of Adjudication in Assault Case](https://bkdefense.com/paul-secures-a-stay-of-adjudication-in-assault-case/) - Date: June 2024 Case: Domestic Assault (x2) and Obstruction of Legal Process Attorney: Paul Young Result: Paul was hired to represent a client who was charged with two counts of domestic assault and one count of obstructing legal process. Following correspondence with the prosecutor, Paul got the two charges of domestic assault dismissed. Paul then
- [Is there such a thing as “petty theft?”](https://bkdefense.com/is-there-such-a-thing-as-petty-theft/) - No, any theft in Minnesota is at least a misdemeanor level offense. Often, people use the term “petty theft” to refer to the lowest level of theft. However, in Minnesota, theft charges are either a misdemeanor, gross misdemeanor, or felony. The lowest level, theft of property or services valued at $500 or less, is considered
- [Minnesota’s New “Red Flag” Gun Laws](https://bkdefense.com/minnesotas-new-red-flag-gun-laws/) - On January 1, 2024, new “Red Flag” laws went into effect in Minnesota allowing certain people to request an order from the court to temporarily prohibit someone from purchasing or possessing a firearm. This order is known as an Extreme Risk Protection Order (ERPO) and may be issued if a court finds a person is
- [Court Decision: Breasts are “Lewd,” Under Minnesota Law](https://bkdefense.com/court-decision-breasts-are-lewd-under-minnesota-law/) - The Minnesota Court of Appeals ruled on the topic of indecent exposure in deciding State of Minnesota v. Plancarte earlier this month. Describing its decision as a “close issue,” the Court determined that a woman’s breasts are in fact “lewd,” when publicly exposed-aside from breastfeeding. In the opinion, the Court acknowledges that the determination of
- [Attention All Parents! Can You Be Criminally Responsible for Your Child’s Actions? Lessons From the Jennifer Crumbley Prosecution.](https://bkdefense.com/attention-all-parents-can-you-be-criminally-responsible-for-your-childs-actions-lessons-from-the-jennifer-crumbley-prosecution/) - February 6, 2024, a groundbreaking verdict was reached in the case of Jennifer Crumbley, the mother of the teenager who killed four students at an Oxford, Michigan, high school in 2021. Jennifer Crumbley and her husband James Crumbley were charged with four counts of involuntary manslaughter for their role in their son’s rampage, which left
- [Driving With Marijuana in Your Vehicle? Here’s What to Know.](https://bkdefense.com/driving-with-marijuana-in-your-vehicle-heres-what-to-know/) - Now that marijuana has been legalized in Minnesota, it’s important to remember the laws surrounding its possession, use, and transportation. While it is now legal to transport certain amounts of marijuana in your vehicle, the law restricts where you can store it. The Minnesota Supreme Court has ruled the odor of marijuana is not enough
- [Nicole’s Juvenile Client Gets Stay of Adjudication on Felony Criminal Sexual Conduct](https://bkdefense.com/nicoles-juvenile-client-gets-stay-of-adjudication-on-felony-criminal-sexual-conduct/) - Attorney: Nicole Kettwick Charge: Criminal Sexual Conduct Date: December 2023 Result: Nicole’s juvenile client was originally charged with three counts of felony criminal sexual conduct with two other previous allegations being reviewed for charges as well. Nicole was able to provide the prosecutor evidence obtained by our own investigation that convinced the State to not
- [Oh Oh, Did Barbie Commit an Assault!](https://bkdefense.com/oh-oh-did-barbie-commit-an-assault/) - The 2023 Barbie movie was a blockbuster hit with powerful messages of self-discovery following an existential crisis as well as handy tips for fighting the patriarchy. The movie also features an iconic scene of Barbie and Ken getting arrested after Barbie instinctively punches a beachgoer in the face after he groped her backside. It got
- [No-Knock Search Warrants: Policy vs. Law](https://bkdefense.com/no-knock-search-warrants-policy-vs-law/) - No-Knock search warrants are increasingly controversial in both practice and perception. Tragic outcomes resulting from law enforcement’s use of No-Knock search warrants has fueled both a public policy debate and legal debate. Minnesota is no exception to these debates as No-Knock search warrants are legal. From a policy perspective, compelling arguments exist both for and
- [Can I Drive After a DWI?](https://bkdefense.com/can-i-drive-after-a-dwi/) - DWIs can have serious consequences, including the revocation of your driver’s license. How long the revocation lasts depends on the circumstances of the case and the charges. For example, an individual facing their first DWI whose blood alcohol content (BAC) tested under 0.16 face a 90-day license revocation while a person whose BAC was over
- [Nicole Get’s a Felony Controlled Substance Case Dismissed](https://bkdefense.com/nicole-gets-a-felony-controlled-substance-case-dismissed/) - Date: November 2023 Case: Felony Third Degree Controlled Substance (Sale) Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with a Felony Third Degree Controlled Substance (Sale) after a traffic stop in Carver County. Nicole filed legal challenges to the officer’s conduct. After litigating these issues and submitting written arguments to the court, the court
- [Nicole Get's Felony Controlled Substance Case Dismissed](https://bkdefense.com/nicole-gets-felony-controlled-substance-case-dismissed/) - Date: November 2023 Case: Third-Degree Controlled Substance Sale Attorney: Nicole A. Kettwick Result: Nicole’s client was pulled over by the police at night in Carver County. The officers told Nicole’s client they had probable cause to search the vehicle based on the smell of marijuana. Following the search, Nicole’s client was charged with a Felony 3rd Degree Drug
- [Reduce your Felony Probationary Period](https://bkdefense.com/reduce-your-felony-probationary-period/) - The 2023 Minnesota Legislature passed significant new laws impacting the length of probationary periods. Minnesota Statute 609.135, subdivision 2, has been amended in two primary ways. First, convictions for most felony level offenses now carry a maximum probationary period of only 5 years or the statutory maximum period if less than 5 years. Notable felony
- [Nicole’s Client Avoids a Felony Conviction on Charges of Fleeing a Peace Officer in a Motor Vehicle](https://bkdefense.com/nicoles-client-avoids-a-felony-conviction-on-charges-of-fleeing-a-peace-officer-in-a-motor-vehicle/) - Date: September 2023 Case: Fleeing a Peace Officer in a Motor Vehicle Attorney: Nicole Kettwick Result: Nicole’s client was charged with Felony Fleeing in Hennepin County in June of 2023. Nicole worked with her client to provide information to the prosecutor which led to a negotiation to a plea to a Gross Misdemeanor rather than a Felony. The negotiation
- [Nicole Negotiates Continuance for Dismissal](https://bkdefense.com/nicole-negotiates-continuance-for-dismissal/) - Attorney: Nicole A. Kettwick Case: Speeding Result: Nicole's client was charged with speeding for driving over 80 MPH in a 65 MPH zone. Because of her client's lack of any criminal record and the proactive steps her client took, Nicole was able to negotiate a continuance for dismissal. Nicole's client will have to pay a small fine and
- [The Anoka Social District](https://bkdefense.com/the-anoka-social-district/) - Anoka will soon be implementing Minnesota’s first pilot social district. In May of 2022 the State Legislature passed a law allowing Anoka to set up the first social district in the state. Anoka is following in the footsteps of Cornelius, NC, where a successful temporary social district was first established for Saint Patrick’s Day in
- [Mike Secures a Stay of Adjudication on Felony Assault Charge](https://bkdefense.com/mike-secures-a-stay-of-adjudication-on-felony-assault-charge/) - Date: August 2023 Case: Third Degree Felony Assault Attorney: Michael J. Brandt Result: Mike’s client was charged with Third Degree Felony Assault. Mike was able to resolve his client’s case with what is called a stay of adjudication. This means that Mike’s client was placed on probation with no conviction on their record. Once Mike’s client is discharged from
- [4th of July and Fireworks in Minnesota](https://bkdefense.com/4th-of-july-and-fireworks-in-minnesota/) - We all have that one friend who talks about the bottle rocket fights they used to have in the woods when they were kids. As much fun as that might sound don’t light your punks and run for the trees just yet. Any substances or combination of substances that produces a visible or an audible
- [Theft from Vehicles: A Symptom of Summer](https://bkdefense.com/theft-from-vehicles-a-symptom-of-summer/) - As summer continues full steam ahead, so does theft from vehicles. According to the Eden Prairie Police Department, every summer there is an uptick in the number of thefts from vehicles in areas such as parks, stores, gyms, and tourist attractions. To help prevent your valuables from being stolen, be sure to follow any of
- [Expansion of MN Felons’ Voting Rights ](https://bkdefense.com/expansion-of-mn-felons-voting-rights/) - Starting July 1, 2023, convicted felons’ voting rights will be restored. Minnesota Governor Tim Walz signed SF26, also known as “Restore the Vote”, on March 3, 2023. Governor Walz tweeted, “Today, I signed a bill into law restoring voting rights for over 55,000 formerly incarcerated people – the largest expansion of voting rights in Minnesota
- [Nicole Kettwick Named 2022 North Star Lawyer](https://bkdefense.com/nicole-kettwick-named-2022-north-star-lawyer/) - Nicole Kettwick has been recognized by the Minnesota State Bar Association as a North Star Lawyer for her Pro Bono work in 2022. The MSBA recognizes all lawyers who provide at least 50 hours of pro bono legal services to low-income people at no fee, and with no expectation of receiving a fee. This is
- [Operation Safe Summer – Minneapolis Police Initiative to Reduce Violent Crime](https://bkdefense.com/operation-safe-summer-minneapolis-police-initiative-to-reduce-violent-crime/) - The twin cities have been trending in the right direction regarding violent crime year over year. So far in 2023 there have been 33% fewer homicides, and 37% fewer gun shot victims, and a reduction in carjackings by 45% compared to 2022. Law enforcement agencies in the Twin Cities hope to continue that trend as
- [Memorial Day: A Dangerous Day for Driving](https://bkdefense.com/memorial-day-a-dangerous-day-for-driving/) - School is out, the sun is shining, and it is the first national holiday of the summer. Memorial Day was first celebrated on May 30, 1868, to commemorate the sacrifices of soldiers who died in the Civil War, it has since expanded to honor all fallen members of the U.S. Military. Unfortunately, in modern times,
- [Forensic Laboratory Backups: A Continuing Problem for Law Enforcement](https://bkdefense.com/forensic-laboratory-backups-a-continuing-problem-for-law-enforcement/) - The most unrealistic part of any police procedural program such as Law and Order, or CSI is the speed and efficiency of forensic science. Within days of receiving a complaint the police receive definitive evidence of who committed the crime, they can then arrest the “bad guy” and the prosecution has an open and shut
- [If Minnesota Legalizes Marijuana, What Happens to my Previous Marijuana Case?](https://bkdefense.com/now-that-weed-is-legal-in-minnesota-what-about-my-previous-drug-charges/) - The Minnesota State Legislature has been working since the beginning of the year on legislation that would legalize the possession and use of marijuana in the state. When this bill passes, it will no longer be illegal for Minnesotans to possess up to two pounds of marijuana. But this begs the question: What happens to
- [New Bill Makes Minnesotans Eligible for Automatic Expungement of Marijuana Records: Do You Qualify?](https://bkdefense.com/new-bill-makes-minnesotans-eligible-for-automatic-expungement-of-marijuana-records-do-you-qualify/) - Minnesota will likely legalize recreational marijuana in the very near future, as the state House and Senate approved different versions of the bill in April 2023. This leaves only reconciliation of differences between these versions and the Governor’s signature left to make the bill Minnesota law. One major component of the bill is it provides
- [Nicole’s Client Avoids Conviction](https://bkdefense.com/nicoles-client-avoids-conviction/) - Date: April 2023 Case: Marijuana in a Motor Vehicle, Underage Possession, and Possession of Paraphernalia Attorney: Nicole Kettwick Result: After being pulled over for being in a park after hours, Nicole’s client faced several drug and alcohol charges that could have resulted in him losing his driver’s license. With her client’s proactive steps, Nicole was able to negotiate a continuance for dismissal. This means her client’s charges will be dismissed after payment of a small fine and a year of no same or similar offenses. This allowed her client to avoid a conviction and avoid losing his driving privileges.
- [Nicole’s Client Avoids a Criminal Sexual Conduct Conviction and Jail Time](https://bkdefense.com/nicoles-client-avoids-a-criminal-sexual-conduct-conviction-and-jail-time/) - Date: April 2023 Case: Criminal Sexual Conduct in the Fifth Degree Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with Criminal Sexual Conduct in the Fifth Degree after an incident occurring at a college in Anoka County. Nicole negotiated the offense down to a disorderly conduct with no further jail time.
- [Help! I have a warrant from another State! What is extradition?](https://bkdefense.com/help-i-have-a-warrant-from-another-state-what-is-extradition/) - What happens if you have been charged with or convicted of a crime in another state and there is a warrant for your arrest, but you are now in Minnesota? Can the other state come and get you? What is Extradition? Extradition is the process that allows authorities from one state (say Florida, which we
- [Minnesota Serial Killers: Part 5 – Lawrence Scott Dame](https://bkdefense.com/minnesota-serial-killers-part-5-lawrence-scott-dame/) - Ever wonder if Minnesota has been terrorized by a serial killer? Or perhaps Minnesota is where a serial killer calls home? This blog series will explore potential serial killers that either have roots in Minnesota or have been accused of preying on Minnesota residents. Part five covers Lawrence Scott Dame. Lawrence Scott Dame was born
- [Mike's Client Avoids DWI Conviction](https://bkdefense.com/mikes-client-avoids-dwi-conviction-3/) - Case: DWI Attorney: Mike Brandt Result: After a nearly two-year battle with a prosecutor on a Fourth-Degree DWI charge, Mike was able to get the result he was looking for--Careless Driving. Over the course of the case Mike challenged the basis for his client's arrest and pushed the matter to trial. On the day of trial, the prosecutor finally relented and offered the Careless Driving and Mike's client was placed on unsupervised probation for 1 year.
- [Nicole Kettwick Featured in Hennepin Lawyer](https://bkdefense.com/nicole-kettwick-featured-in-hennepin-lawyer/) - In this edition of Hennepin Lawyer, partner Nicole Kettwick shares why she decided to be a lawyer.
- [Minnesota Serial Killers: Part 4 – Khoua Her](https://bkdefense.com/minnesota-serial-killers-part-4-khoua-her/) - Ever wonder if Minnesota has been terrorized by a serial killer? Or perhaps Minnesota is where a serial killer calls home? This blog series will explore potential serial killers that either have roots in Minnesota or have been accused of preying on Minnesota residents. Part four covers Khoua Her. Khoua Her was born on December
- [Damaging Public Safety Vehicles Or Other Public Property - Enhanced Penalties](https://bkdefense.com/damaging-public-safety-vehicles-or-other-public-property-enhanced-penalties/) - In one of our previous blogs about The Office episode “Dinner Party,” we talked about the different levels of damage to property charges depending on the amount of the damage. But what happens when someone damages a police car? An ambulance? What if the damaged property belongs to the city or state? Well, that changes
- [Time to Get Your Windshield Fixed! (And Other Weird MN Traffic Laws)](https://bkdefense.com/time-to-get-your-windshield-fixed-and-other-weird-mn-traffic-laws/) - You may have heard that it’s illegal to have something hanging from your rearview mirror, but what other weird traffic laws does Minnesota have? Here are just a few we found interesting: Driving a motor vehicle with a cracked windshield that obstructs proper vision Driving a motor vehicle with signs, posters, or other nontransparent material
- [Caught in a Prostitution Sting?](https://bkdefense.com/caught-in-a-prostitution-sting/) - There’s nothing worse than getting catfished by someone you meet online. Except, of course, when your catfish turns out to be a cop and it’s YOU caught in the net. This net, specifically, is a carefully devised trap known as a prostitution sting. These stings occur when law enforcement places fake ads on dating websites
- [Nicole Kettwick Presented at Minnesota CLE](https://bkdefense.com/nicole-kettwick-presented-at-minnesota-cle/) - Nicole Kettwick presented at Minnesota CLE last week as the criminal law expert to help newer lawyers answer common questions in criminal law.
- [Michael Brandt talks about the criminal liability of North High’s Principal after Deshaun Hill’s death](https://bkdefense.com/michael-brandt-talks-about-the-criminal-liability-of-north-highs-principal-after-deshaun-hills-death/) - Attorney Michael Brandt provides insight into possible criminal liability charges against North High Principal Mauri Friestleben. To read about Mike's input and more information on the case details please check out the article on the StarTribune here.
- [Rise in Prostitution Numbers at the Super Bowl: Myth or Reality?](https://bkdefense.com/rise-in-prostitution-numbers-at-the-super-bowl-myth-or-reality/) - Start refreshing your knowledge of roman numerals because Super Bowl Sunday 2023 is less than one month away! For football fans, the first (or second) Sunday in February is practically a holiday: people gather in large numbers at parties planned months in advance and hours are spent preparing chicken wings, seven-layer dips, sliders, mini meatballs,
- [Charges Declined for Nicole’s Client](https://bkdefense.com/charges-declined-for-nicoles-client/) - Date: January 2023 Case: Preliminary Criminal Sexual Conduct Attorney: Nicole Kettwick Result: Nicole’s 18-year-old client was facing a potential criminal sexual conduct charge after allegations were reported to the police. After Nicole spoke with the prosecutor, investigator, and hired her own forensic expert, the prosecutor decided to decline charges.
- [Marijuana Legalization might be in Minnesota’s Future](https://bkdefense.com/marijuana-legalization-might-be-in-minnesotas-future/) - After the recent November elections, democrats in the Minnesota House and Senate have regained control. With that comes a push for legislation that would legalize marijuana as early as May, Governor Walz says. The Speaker of the Minnesota House extended that timeline slightly, predicting the new legislation to take effect in as soon as two
- [Minnesota Serial Killers: Part 3 – David Francis Brom](https://bkdefense.com/minnesota-serial-killers-part-3-david-francis-brom/) - Ever wonder if Minnesota has been terrorized by a serial killer? Or perhaps Minnesota is where a serial killer calls home? This blog series will explore potential serial killers that either have roots in Minnesota or have been accused of preying on Minnesota residents. Part three covers David Francis Brom. David Francis Brom was born
- [Yes, You Can Get a DWI on Your Snowmobile](https://bkdefense.com/yes-you-can-get-a-dwi-on-your-snowmobile/) - As we enter a new 2023 snowmobiling season, it is important to keep safety in mind when operating snowmobiles and all-terrain vehicles this winter. In 2018, Little Alan’s Law (Minnesota Statutes section 183) was passed and created zero-tolerance DWI laws for these vehicles after a drunk snowmobile driver caused the death of an 8-year-old in
- [Civil Penalties for DWIs](https://bkdefense.com/civil-penalties-for-dwis/) - When you get charged with a DWI, there are not just criminal penalties that go along with it, but civil penalties, too. Under Minnesota Statute § 169A.54, subd. 1, a person’s license can be revoked for a period of anywhere from 30 days up to 6 years, depending on the level of DWI they are charged
- [Mike Secures Dismissal of Criminal Vehicular Homicide Charges](https://bkdefense.com/mike-secures-dismissal-of-criminal-vehicular-homicide-charges/) - Date: December 2022 Case: Criminal Vehicular Homicide (x2) Attorney: Michael J. Brandt Result: Mike was retained to represent a juvenile client facing two charges of Criminal Vehicular Homicide which originally was going to be designated as an Extended Jurisdiction Juvenile case. However, based on Mike’s negotiations with the prosecutor and his client’s proactive steps, Mike was able to convince the prosecutor to keep the matter in juvenile court and secured a stay of adjudication for his client, which means that upon successful completion of probation, the Criminal Vehicular Homicide charges were dismissed, and Mike's client was only convicted of Fourth Degree DWI.
- [What Is Aggravated Controlled Substance in the First Degree?](https://bkdefense.com/what-is-aggravated-controlled-substance-in-the-first-degree/) - If an individual is already being charged with a specified first-degree controlled substance crime and either 1) the crime involved a firearm or 2) the individual has two aggravating factors, they can be charged with an aggravated controlled substance crime in the first degree. The aggravating factors for controlled substance crimes in Minnesota are: The
- [Nicole’s Client Avoids Theft Conviction in Skip Scanning Case](https://bkdefense.com/nicoles-client-avoids-theft-conviction-in-skip-scanning-case/) - Date: November 2022 Case: Theft x2 Attorney: Nicole Kettwick Result: Nicole’s client was facing theft charges in two separate cases, both arising out of skip scanning incidents. Based on Nicole’s discussions with the prosecutor, she was able to negotiate a dismissal of one of the cases and a stay of adjudication on the other. This means that after just 1 year of probation, the remaining case will also be dismissed.
- [What If I’m Arrested for a DWI the Day Before Thanksgiving?](https://bkdefense.com/what-if-im-arrested-for-a-dwi-the-day-before-thanksgiving/) - The Day Before Thanksgiving is considered one of the heaviest drinking days of the year which means DWI patrol will likely be significant. Whether you are drinking with your family or with old friends, the day before Thanksgiving is one of the worst days to get arrested for a DWI. But why? For certain degrees
- [Nicole’s Client Avoids Prison in Major Drug Case](https://bkdefense.com/nicoles-client-avoids-prison-in-major-drug-case/) - Date: November 2022 Case: Felony First Degree Controlled Substance Charges, Felony Failure to Affix Tax Stamps Attorney: Nicole Kettwick Result: After a significant drug raid that uncovered almost 400g of marijuana, cocaine, psilocybin mushrooms, pills, and other controlled substances, Nicole’s client was facing three felony charges: two first degree controlled substance charges and one failure to affix tax stamps charge. Because of these charges, the client was facing significant time in prison. However, based on the client’s success in treatment and Nicole’s negotiations with the prosecutor, Nicole was able to negotiate a downward dispositional departure with no additional jail or prison time. This means that if the client is successful on probation, he will avoid spending any time in jail or prison.
- [Minnesota Serial Killers: Part 2 – Joseph Donald Ture, Jr.](https://bkdefense.com/minnesota-serial-killers-part-2-joseph-donald-ture-jr/) - Ever wonder if Minnesota has been terrorized by a serial killer? Or perhaps Minnesota is where a serial killer calls home? This blog series will explore potential serial killers that either have roots in Minnesota or have been accused of preying on Minnesota residents. Part two covers Joseph Donald Ture, Jr. Joseph Ture was born
- [I Have a Conviction - Can I Still Own a Firearm?](https://bkdefense.com/i-have-a-conviction-can-i-still-own-a-firearm/) - Under Minnesota Statute 624.713, Subd. 1, many convictions will result in an inability to possess ammunition or any firearm for a specified period of time. Many timeframes are based on the date of conviction, though some may be imposed with a sentencing order. However, under Minnesota Statute 609.165, Subd. 1a, a person convicted of a
- [What's the Difference Between the Degrees of DWIs?](https://bkdefense.com/whats-the-difference-between-the-degrees-of-dwis/) - You can be charged with a misdemeanor, gross misdemeanor, or even a felony DWI. The seriousness of the charge relates to how many “aggravating factors” are present in a particular case. That means that all DWIs start at the misdemeanor level (called a “fourth degree”) and can increase in severity based on any aggravating factors.
- [Nicole Secures Dismissal on Failure to Drive with Due Care Case](https://bkdefense.com/nicole-secures-dismissal-on-failure-to-drive-with-due-care-case/) - Date: October 2022 Case: Failure to Drive with Due Care Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with Failure to Drive with Due Care after an unfortunate car accident. Based on Nicole’s negotiations with the prosecutor, as well as the proactive steps her client took, Nicole was able to suspend prosecution and avoid a conviction. This means the charges will be dismissed after 1 year if her client has no new traffic offenses during that time.
- [Mike’s Client Gets DWI Charges Dismissed, Driving Privileges Reinstated](https://bkdefense.com/mikes-client-gets-dwi-charges-dismissed-driving-privileges-reinstated/) - Date: October 2022 Case: Gross Misdemeanor DWI Attorney: Mike Brandt Result: Mike’s client was charged with two counts of Gross Misdemeanor DWI, his driver’s license was revoked for 1 year, and his license plates were impounded. In the license revocation case, Mike challenged the stop of his client’s car by arguing there was no reasonable, articulable suspicion of criminal conduct justifying the stop. The judge agreed with Mike and reinstated his client's driving privileges. In the criminal case, Mike argued that there was no basis to stop his client’s vehicle or to require the client to perform field sobriety tests. The judge also agreed with Mike in that case and suppressed all the evidence, which resulted in the judge dismissing all charges.
- [Nicole Secures Continuance for Dismissal on Domestic Assault Case](https://bkdefense.com/nicole-secures-continuance-for-dismissal-on-domestic-assault-case/) - Date: October 2022 Case: Domestic Assault Attorney: Nicole Kettwick Result: Nicole’s client was facing a Domestic Assault charge. Based on Nicole’s negotiations with the prosecutor, as well as her client’s participation in an anger management course, Nicole was able to secure her client a continuance for dismissal. This means that after one year of remaining law abiding, the case will be dismissed.
- [What’s the Difference Between Parole and Probation?](https://bkdefense.com/whats-the-difference-between-parole-and-probation/) - In movies, books, television shows, and conversations with friends, the words “parole” and “probation” seem to be used interchangeably, but they are far from the same. Parole is a conditional release from prison where a parole officer will monitor how a recently released, former inmate is doing. There can be conditions of parole, such as
- [Mike Brandt Featured in AP Article Discussing Upcoming George Floyd Trial](https://bkdefense.com/mike-brandt-featured-in-ap-article-discussing-upcoming-george-floyd-trial/) - Former Minneapolis police officers J. Alexander Kueng and Tou Thao face second-degree murder and manslaughter charges for the death of George Floyd in 2020. Attorney Mike Brandt offers some insight as to how the prosecution and defense might proceed in pretrial motions. You can read the entire article by going here.
- [Felony Prostitution Charges Reduced to a Gross Misdemeanor](https://bkdefense.com/felony-prostitution-charges-reduced-to-a-gross-misdemeanor/) - Date: September 2022 Attorney: Mike Brandt Result: Mike’s client was charged with Solicitation of a Child to Engage in Prostitution. Even though the prosecutor said that they NEVER negotiate on these cases, Mike was able to negotiate a plea deal on the eve of trial, where the State agreed that the felony would be reduced to a gross misdemeanor. His client was able to avoid a felony conviction, did not serve any jail time, and was only sentenced to 2 years of probation.
- [How to Get Away With Skip Scanning](https://bkdefense.com/how-to-get-away-with-skip-scanning/) - Short answer: You won’t! Stores are cracking down on the practice of “skip scanning,” which is where a shopper uses the self-checkout to bag their items while only pretending to scan and pay for some or all of them. Many stores have increased their self-checkout capacity due to the Covid-19 pandemic and skip scanning has
- [Sovereign Citizen Theory](https://bkdefense.com/sovereign-citizen-theory/) - According to the FBI, sovereign citizens are “anti-government extremists who believe that even though they physically reside in this country, they are separate or ‘sovereign’ from the United States.” Sovereign citizen status is not something that is applied for, but rather, it is a group with whom individuals self-identify. Those who self-identify as sovereign citizens
- [Prostitution: Felonies vs. Gross Misdemeanors vs. Misdemeanors](https://bkdefense.com/prostitution-felonies-vs-gross-misdemeanors-vs-misdemeanors/) - In Minnesota, prostitution can be charged as a misdemeanor, gross misdemeanor, or misdemeanor, depending on the facts of the case. Misdemeanor prostitution can be charged when: A person engages in prostitution with an individual who is 18 years or older, or person is hired, offers to be hired, or agrees to be hired by an
- [Nicole Wins Implied Consent Using Necessity Defense](https://bkdefense.com/nicole-wins-implied-consent-using-necessity-defense/) - Date: September 2022 Case: Implied Consent Attorney: Nicole Kettwick Result: Nicole’s client had his license revoked for a period of 1 year after being charged with a DWI. In civil court, Nicole challenged this revocation using the defense of necessity based on an emergency alert her client received on his phone asking him to evacuate his house immediately due to a nearby gas leak. After taking the matter under advisement, the judge agreed with Nicole and reinstated her client’s driving privileges.
- [What Is “Free the Growler” About?](https://bkdefense.com/what-is-free-the-growler-about/) - In May of 2022, Minnesota Governor Tim Walz signed a bill many are calling the “Free the Growler” Bill. According to Governor Walz’s office, the bill “makes several changes to Minnesota’s liquor laws, including raising the cap on growler sales, allowing more off-sale options for smaller breweries, and expanding license opportunities for specific cities and
- [DWI Charges Reduced, Jail Avoided in Quick Resolution](https://bkdefense.com/dwi-charges-reduced-jail-avoided-in-quick-resolution/) - Date: August 2022 Case: Third Degree DWI Attorney: Mike Brandt Result: Mike’s client was charged with Third Degree DWI based on an incident where he was involved in an accident, left the scene, and tested over twice the legal limit. Mike was able to point out to the prosecutor various legal issues in the case and Mike was able to secure his client a reduced charge of Fourth Degree DWI where his client was placed on unsupervised probation for one year—all without the client having to appear in court a single time.
- [DWI Reduced to Careless Driving & Driving Privileges Fully Restored](https://bkdefense.com/dwi-reduced-to-careless-driving-driving-privileges-fully-restored/) - Date: August 2022 Case: Fourth Degree DWI Attorney: Mike Brandt Result: Mike represented a client facing a Fourth-Degree DWI charge. Mike challenged various issues in the case and negotiated with the Prosecutor to work out a plea deal so that his client avoided a DWI conviction and jail time. Mike also challenged the revocation of his client’s driving privileges, and the Judge rescinded the revocation, resulting in the client’s driving privileges being fully restored, including the privileges tied to his commercial driver’s license.
- [Nicole Kettwick Voted President-Elect of Hennepin County Bar Association](https://bkdefense.com/nicole-kettwick-voted-president-elect-of-hennepin-county-bar-association/) - Congratulations to Nicole Kettwick for being voted President-Elect of the Hennepin County Bar Association (HCBA) in Minnesota. The Hennepin County Bar Association is a community of lawyers who advocate for the profession, facilitate access to justice, and provide members with support at every stage of their career. Members of the HCBA have elected Nicole to
- [What are the Differences Between OFP’s, DANCO’s, and HRO’s?](https://bkdefense.com/what-are-the-differences-between-ofps-dancos-and-hros/) - You may have experienced or know someone who has dealt with a court order prohibiting them from contacting another person. Under Minnesota Law, the Order for Protection (OFP), the Domestic Abuse No Contact Order (DANCO), and the Harassment Restraining Order (HRO) are all different but serve generally the same purpose: they are put in place
- [What Are The Different Degrees of Assault In Minnesota](https://bkdefense.com/what-are-the-different-degrees-of-assault-in-minnesota/) - Minnesota statutes identify five degrees of assault. Within each degree, however, are several factors that could result in that charge. First degree assault is the most serious and brings felony-level charges that can result in a sentence of 20 years in prison. Below is a chart outlining the differences in the levels of assault in
- [But They Hit Me First!](https://bkdefense.com/but-they-hit-me-first/) - Can you be charged with assault for hitting someone after they provoked you? Maybe. But there’s a high legal bar to prove that you acted in self-defense during a fight. Someone may be charged with assault—even if they didn’t throw the first punch--if they “(1) commit an act with intent to cause fear in another
- [Are Gunna and Young Thug Headed to Prison?](https://bkdefense.com/are-gunna-and-young-thug-headed-to-prison/) - The Racketeer Influenced and Corrupt Organizations Act (RICO) allows for criminal penalties for offenses committed by multiple people as part of a singular ongoing criminal organization. It was first enacted as a federal law in 1970 as an attempt to diminish organized crime, but now, many states—including Minnesota—have their own adaptations of the federal law.
- [Is It Constitutional to Search Driverless Cars?](https://bkdefense.com/is-it-constitutional-to-search-driverless-cars/) - As yet another Tesla passes you on the interstate, you may find yourself wondering when every car will be self-driving. With any technological advancement comes new legal challenges, especially in the criminal world, and one question that has arisen recently is whether it is constitutional to search driverless cars. Under the Fourth Amendment of the
- [Citizen’s Arrest in Minnesota](https://bkdefense.com/citizens-arrest-in-minnesota/) - Who can legally make a citizen’s arrest in Minnesota? Many laws regarding citizen’s arrest have their roots back in medieval England where sheriffs encouraged the ordinary citizen to arrest people breaking the law and bring them to the sheriff for prosecution. Many states in the U.S. —including Minnesota—adopted this concept from English Common Law and
- [Mike Brandt Discusses Thomas Lane’s Sentencing with Associated Press](https://bkdefense.com/mike-brandt-discusses-thomas-lanes-sentencing-with-associated-press/) - Associated Press asked Attorney Mike Brandt to provide insight on the sentencing of former Minneapolis Police Officer Thomas Lane. Mike discusses the similarity between Lane’s sentence and that of white-collar crimes, as well as how Lane’s participation in George Floyd’s death impacted his case. For the full article, click here.
- [Super Lawyers Recognizes Brandt Kettwick Attorneys](https://bkdefense.com/super-lawyers-recognizes-brandt-kettwick-attorneys/) - Congratulations to Mike Brandt, Nickey Kettwick, and Dani Peden for their recognition by Super Lawyers! It's an honor to be recognized alongside so many great lawyers. As Maverick would say, "It's not the plane, it's the pilot."
- [Nicole Secures No Jail Time, No Felony Conviction in Prostitution Case](https://bkdefense.com/nicole-secures-no-jail-time-no-felony-conviction-in-prostitution-case/) - Date: July 2022 Case: Felony Prostitution Attorney: Nicole Kettwick Result: Nicole’s client was charged with Felony Prostitution in Washington County. Because of Nicole’s negotiations with the prosecutor and her client’s proactive steps, Nicole was able to secure her client a gross misdemeanor rather than a felony. This means that the client will spend 2 years on probation with no jail or prison time, and they will not have a felony conviction on their record.
- [Minnesota Legalizes Edibles… Sort of](https://bkdefense.com/minnesota-legalizes-edibles-sort-of/) - Up until Friday July 1, 2022, possession of any amount of marijuana in a resinous form—such as edibles—was a felony in Minnesota. That all changed when a bill went into effect that allows the sale of food and drinks infused with THC, the ingredient that gets people high. The bill was created to help regulate
- [Mens Rea: Explained](https://bkdefense.com/mens-rea-explained/) - We’ve all heard it before—someone has committed a crime “with intent” or “intentionally.” But what does “intent” really mean? Intent is one type of mens rea – or state of mind— that may need to be proved when someone is charged with a crime. The term mens rea literally translates to “guilty mind” and refers
- [What to Know about the Attorney General’s New Conviction Review Unit](https://bkdefense.com/what-to-know-about-the-attorney-generals-new-conviction-review-unit/) - Over the past several years, the movement towards post-conviction review and wrongful conviction reform has become more widespread. Here in Minnesota, the Attorney General Keith Ellison set up a Conviction Review Unit (CRU) that became effective in June 2021. The process started with a federal grant awarded to review cases where there are plausible allegations
- [Nicole helps client avoid a felony, predatory registration, and jail](https://bkdefense.com/nicole-helps-client-avoid-a-felony-predatory-registration-and-jail/) - Date: June 2022 Case: Criminal Sexual Conduct Attorney: Nicole Kettwick Result: Nicole’s client faced Third Degree Criminal Sexual Conduct charges based on a position of authority relationship and the victim’s age. However, Nicole negotiated with the prosecutor before charges were filed, and they were able to agree on a Fifth Degree Criminal Sexual Conduct plea. This means her client will not have a felony record, avoided any sex offender registration requirements, and avoided jail time.
- [Today’s Supreme Court Ruling: United States v. Taylor](https://bkdefense.com/todays-supreme-court-ruling-united-states-v-taylor/) - On June 21, 2022, the U.S. Supreme Court issued a ruling holding that attempted Hobbs Act robbery is not a crime of violence. After a drug-deal-turned-robbery in 2003, Justin Taylor pled guilty to conspiracy to commit Hobbs Act robbery and use of a firearm in furtherance of a “crime of violence.” Taylor was convicted of
- [Is it Legal to Spank your Child?](https://bkdefense.com/is-it-legal-to-spank-your-child/) - In recent years, some states have started banning corporal punishment in the classroom, while some states still allow it. This has sparked discussion in the medical, psychological, and legal field about the consequences and legality of corporal punishment in general. All 50 states currently still legalize some forms of corporal punishment in the home, although
- [Can the Police Lie to Me?](https://bkdefense.com/can-the-police-lie-to-me/) - In a former post, we talked about whether it’s illegal for you to lie to the police. But what about when the tables are turned? Can the police lie to you? Unfortunately, the answer is usually yes. The police can lie about most things, such as saying they have evidence on you when they don’t
- [Child Abuse Charges Declined](https://bkdefense.com/child-abuse-charges-declined/) - Date: May 2022 Case: Child Abuse Investigation Attorney: Nicole Kettwick Result: Nicole’s client was under investigation based on allegations of child abuse. Nicole got involved before the State filed charges and communicated with the prosecutor about the allegations. Once the county attorney reviewed all information, they declined to file charges against Nicole’s client.
- [OFP Dismissed](https://bkdefense.com/ofp-dismissed/) - Date: May 2022 Case: Order for Protection Attorney: Nicole Kettwick Result: Nicole’s client had an Order for Protection filed against them by a former partner. Based on Nicole’s discussions and negotiations with the other party’s attorney, the OFP was dismissed without a hearing.
- [What Is the Difference Between Confidentiality and Privilege?](https://bkdefense.com/what-is-the-difference-between-confidentiality-and-privilege/) - You’ve heard of both confidentiality and attorney-client privilege. But what’s the difference? Confidentiality means that anything a client tells their attorney related to their case cannot be told to others, even if it is public record. There are some exceptions to attorney-client confidentiality, such as when the client is using the attorney’s services to commit
- [Felony Assault Charge Dropped to a Disorderly Conduct](https://bkdefense.com/felony-assault-charge-dropped-to-a-disorderly-conduct/) - Date: April 2022 Case: Third Degree Assault Attorney: Nicole Kettwick Result: Nicole’s client was charged with Felony Third Degree Assault Nicole conducted her own investigation and found multiple independent witnesses who corroborated her client’s version of events. On the eve of trial, the prosecutor agreed to dismiss the felony charge if Nicole’s client pled guilty to disorderly conduct with one year of unsupervised probation.
- [Mike’s Client Avoids Prison on Probation Violation](https://bkdefense.com/mikes-client-avoids-prison-on-probation-violation/) - Date: April 2022 Case: Probation Violation Attorney: Mike Brandt Result: Mike’s client faced a probation violation where the state was recommending a 19-month prison sentence. At the Contested Revocation hearing, Mike convinced the prosecutor and probation officer to agree to recommend that the court reinstate his client on probation. Mike's client was sentenced to time in the workhouse with work release privileges and once he completes that time, he will be discharged from probation, thus avoiding prison.
- [What is the Clean Slate Act, and Does It Apply to Me?](https://bkdefense.com/what-is-the-clean-slate-act-and-does-it-apply-to-me/) - There has been a new bill that passed Minnesota’s House of Representatives that aims to help make expungements easier for those with criminal records – it is called the Clean Slate Act. Representative Jamie Long drafted the bill with the premise of allowing the population of Minnesotans with a criminal background, approximately 25 percent of
- [What Should I Know Before Celebrating 4/20?](https://bkdefense.com/what-should-i-know-before-celebrating-4-20/) - As many folks may be aware, April 20 (4/20) is a day to celebrate/honor/recognize marijuana. Just so you’re aware, in some states, it’s legal to possess marijuana for recreational use. These states include Alaska, Arizona, California, Colorado, Connecticut, District of Columbia, Illinois, Maine, Massachusetts, Michigan, Montana, New Jersey, New Mexico, New York, Nevada, Oregon, Vermont,
- [What Is the MORE Act?](https://bkdefense.com/what-is-the-more-act/) - On April 1, 2022, the U.S. House of Representatives voted to federally decriminalize cannabis. The bill would also allow some marijuana convictions to be expunged. This was the same bill that was passed by the House in 2020 but stalled by the Senate, with was controlled by Republicans at the time. This time around, the
- [My Kid Has Been Charged with a Crime. What Should I Do?](https://bkdefense.com/my-kid-has-been-charged-with-a-crime-what-should-i-do/) - It’s not only big people that get into trouble with the law; sometimes our kids break the law and can get charged. Charges can vary from a petty misdemeanor up to a felony. When the police are investigating a crime involving a juvenile, there is a common misperception that a parent must be present when
- [Mike Helps Client Squash a Harassment Restraining Order](https://bkdefense.com/mike-helps-client-squash-a-harassment-restraining-order-2/) - Date: March 2022 Case: Harassment Restraining Order (Respondent) Attorney: Mike Brandt Result: Mike represented a client against whom a person was trying to obtain a Harassment Restraining Order (HRO). After Mike got hired, he started doing an investigation into the allegations, started interviewing witnesses, and spoke with the petitioner's attorney about the evidence he intended to introduce. The petitioner eventually dismissed her request for the HRO without a hearing.
- [Rescission of One-Year License Revocation](https://bkdefense.com/rescission-of-one-year-license-revocation/) - Date: March 2022 Case: DWI dismissed and revocation rescinded Attorney: Nicole Kettwick Result: Nicole’s client faced Third Degree Refusal, Fourth Degree DWI, and Reckless Driving charges after driving into a building. Nicole reviewed the evidence and filed motions challenging the police conduct. Nicole discussed the legal issues with the prosecutor and due to the issues Nicole raised, Nicole was successful in getting the charges reduced to Careless Driving. Nicole also challenged the client’s one-year license revocation that stemmed from the original charges. Following a hearing, the Judge sided with Nicole and rescinded the revocation, meaning the DWI is no longer on the client’s driving record and he did not lose his license for 1 year.
- [Mike Helps Client Avoid Criminal Sexual Conduct Charges](https://bkdefense.com/mike-helps-client-avoid-criminal-sexual-conduct-charges/) - Date: March 2022 Case: Criminal Sexual Conduct Attorney: Mike Brandt Result: Mike was retained to represent a client being investigated for Criminal Sexual Conduct charges in Hennepin County. In preparation, Mike contacted a private investigator to obtain statements from various witnesses and arranged for his client to take a private polygraph. Mike provided this information to the detective as well as an explanation as to what happened. Based on all this information, the County Attorney declined to charge Mike’s client.
- [Felony Criminal Vehicular Homicide Reduced to Gross Misdemeanor Criminal Vehicular Operation](https://bkdefense.com/felony-criminal-vehicular-homicide-reduced-to-gross-misdemeanor-criminal-vehicular-operation/) - Date: March 2022 Case: CVH Attorney: Mike Brandt Result: Mike was retained to represent a client charged with felony criminal vehicular homicide in Aitkin County resulting from an accident involving a death. As the matter was charged, it called for a sentence of four years in prison. Mike was successful in negotiating a reduced charge of gross misdemeanor criminal vehicular operation. Mike’s client did not serve any jail time and kept a felony off his record.
- [DWI Reduced to Careless Driving](https://bkdefense.com/dwi-reduced-to-careless-driving/) - Date: March 2022 Case: Fourth Degree DWI Attorney: Mike Brandt Result: Mike represented a client facing a Fourth Degree DWI charge. Because Mike's client was a commercial truck driver, a DWI conviction would have resulted in a cancellation of his commercial license for a year. Mike reviewed the police reports and challenged how and why his client was arrested. Based on this, he was able to negotiate with the prosecutor a reduced charge of Careless Driving. This means that the client will spend one year on probation, will not spend any time in jail, and will avoid implications on his job as a commercial truck driver.
- [The Biggest Mistakes Movies Have Made About Criminal Law](https://bkdefense.com/the-biggest-mistakes-movies-have-made-about-criminal-law/) - Have you ever been watching a legal thriller and thought, “that can’t be right…”? If so, it’s probably because you were on to something: it’s not. Many legal dramas subvert the actual rules in the name of drama. Here are just a few of the many inaccurate representations of the criminal justice system in popular
- [Can I Get Pulled Over for Crossing the Fog Line?](https://bkdefense.com/can-i-get-pulled-over-for-crossing-the-fog-line/) - Minnesota will be progressively expanding fog line widths from 4 to 6 inches as the Minnesota Department of Transportation (MnDOT) completes routine construction projects. MnDOT said they are widening fog lines to try to reduce crashes, injuries, and deaths. But can you get pulled over for crossing these fog lines? Simply put, yes. In Minnesota,
- [Why Was Kim Potter Sentenced to 2 Years?](https://bkdefense.com/why-was-kim-potter-sentenced-to-2-years/) - On April 11, 2021, during a traffic stop, Brooklyn Center Police Officer Kim Potter grabbed what she thought was her taser and fired it. Tragically, she had grabbed her gun instead of a taser and shot Daunte Wright, killing him. Potter was charged with, and convicted of, first- and second-degree manslaughter. Under Minnesota law, when
- [What is a No-Knock Warrant?](https://bkdefense.com/what-is-a-no-knock-warrant/) - With the death of Amir Locke, no-knock warrants have once again been in the media spotlight. Critiques of no-knock warrants primarily center around the perceived danger in carrying out the warrants, both to the individuals listed in the warrants and the officers involved. But what is a no-knock warrant? Minnesota Stat. 626.14 defines a no-knock
- [Malicious Punishment Case Dismissed](https://bkdefense.com/malicious-punishment-case-dismissed/) - Date: January 2022 Case: Malicious Punishment of a Child, Domestic Assault Attorney: Nicole Kettwick Result: Nicole’s client was charged with Felony Malicious Punishment of a Child and two counts of Misdemeanor Domestic Assault in Kandiyohi County after a disagreement with the mother of his child. Nicole communicated with the prosecutor and ultimately the prosecutor dismissed all the charges against her client.
- [When Is Fingerprinting Required for Juveniles?](https://bkdefense.com/when-is-fingerprinting-required-for-juveniles/) - Fingerprinting laws are different for adults and juveniles. For juveniles, fingerprinting is required under Minnesota law if the child is arrested for, appearing in court on a charge of, adjudicated delinquent for, or alleged to have committed a felony or gross misdemeanor. Juveniles admitted to jails or detention facilities or referred by a law enforcement
- [Statute of Limitations: Part 4 – Crimes with a Three-Year Limitation](https://bkdefense.com/statute-of-limitations-part-4-crimes-with-a-three-year-limitation/) - Generally speaking, there are timelines outlined by law governing when criminal offenses can be charged by the State of Minnesota. Those timelines are called the “statute of limitations” and they start running once the crime itself occurs. Crimes may have no statute of limitations or a statute of limitations of six, five, or three years.
- [When Is Fingerprinting Required for Adults?](https://bkdefense.com/when-is-fingerprinting-required-for-adults/) - We hear people talk about getting fingerprinted for a variety of reasons. But where do these fingerprints go? And when does someone need to get fingerprinted? Fingerprinting data is sent to the Bureau of Criminal Apprehension (BCA). The BCA compiles fingerprints and other identification data into a criminal database to facilitate connecting individuals to crimes.
- [Nicole’s Client Receives Stay of Adjudication in Contributing to Need for Child](https://bkdefense.com/nicoles-client-receives-stay-of-adjudication-in-contributing-to-need-for-child/) - Date: January 2022 Case: Contributing to Need for Child Protection or Services Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with Contributing to Need for Child Protection or Services after being accused of excessively disciplining their child in Carver County. After providing some additional background information about the family and numerous rounds of negotiations with the prosecutor, the prosecutor agreed to a stay of adjudication. This means that if Nicole’s client complies with probation for just 2 years, the charge will be dismissed.
- [Carrying a firearm under the influence and speeding over 100 dismissed, Stay of Adjudication on Careless Driving](https://bkdefense.com/carrying-a-firearm-under-the-influence-and-speeding-over-100-dismissed-stay-of-adjudication-on-careless-driving/) - Date: January 2022 Case: Carrying a Firearm Under the Influence, Careless Driving, and Speeding Attorney: Nicole A. Kettwick Result: Nicole’s client was charged in Scott County with Carrying a Firearm Under the Influence, Careless Driving, and Speeding over 100 MPH. Nicole prepared for trial and on the morning of the trial Nicole was able to negotiate a dismissal of the Carrying a Firearm Under the Influence and Speeding charges, and a stay of adjudication on the Careless Driving charge. This means that after just 1 year of unsupervised probation, the Careless Driving charge will also be dismissed and her client did not lose his license, have a criminal conviction, or have any offense on his driving record.
- [Statute of Limitations: Part 3 – Crimes with a Five-Year Limitation](https://bkdefense.com/statute-of-limitations-part-3-crimes-with-a-five-year-limitation/) - Generally speaking, there are timelines outlined by law governing when criminal offenses can be charged by the State of Minnesota. Those timelines are called the “statute of limitations” and they start running once the crime itself occurs. Crimes may have no statute of limitations or a statute of limitations of six, five, or three years.
- [Harassment Restraining Order Dismissed after Nicole wins hearing](https://bkdefense.com/harassment-restraining-order-dismissed-after-nicole-wins-hearing/) - Date: January 2022 Case: Harassment Restraining Order Attorney: Nicole A. Kettwick Result: A harassment restraining order was filed against Nicole’s client resulting from an incident occurring in Anoka County. At the hearing, Nicole was able to demonstrate that there was not enough evidence to prove harassment on her client’s behalf by cross-examining the petitioner and calling her client and their spouse to testify. As a result, the case and the order were dismissed.
- [Nicole’s Client Avoids Felony Conviction After Fleeing in a Motor Vehicle](https://bkdefense.com/nicoles-client-avoids-felony-conviction-after-fleeing-in-a-motor-vehicle/) - Date: January 2022 Case: Felony Fleeing and Underage Drinking and Driving Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with felony fleeing and underage drinking and driving after fleeing the police, weaving through traffic, and going across the median and the wrong way on the road to avoid the police. After working with her client and preparing materials for the prosecutor’s consideration, Nicole negotiated a dismissal of the underage drinking and driving charge, a return of the vehicle that had been seized after the incident, and eliminating the felony down to a gross misdemeanor. If Nicole’s client complies with unsupervised probation for just 2 years, he will not have to spend any time in jail.
- [Why Is Joe Exotic Being Resentenced?](https://bkdefense.com/why-is-joe-exotic-being-resentenced/) - In 2019, Joseph Maldonado-Passage, known popularly as Joe Exotic from the Netflix series “Tiger King: Murder, Mayhem and Madness,” was convicted of 17 counts of animal abuse and two counts of attempted murder-for-hire. Maldonado-Passage was sentenced to 22 years in prison, but the 10th Circuit Court of Appeals ruled in July 2021 that Maldonado-Passage will
- [Statute of Limitations: Part 2 – Crimes with a Six-Year Limitation](https://bkdefense.com/statute-of-limitations-part-2-crimes-with-a-six-year-limitation/) - Generally speaking, there are timelines outlined by law governing when criminal offenses can be charged by the State of Minnesota. Those timelines are called the "statute of limitations" and they start running once the crime itself occurs. Crimes may have no statute of limitations or a statute of limitations of six, five, or three years.
- [What is Labor Trafficking?](https://bkdefense.com/what-is-labor-trafficking/) - We often hear about labor trafficking in the news and what a problem it is. But what is labor trafficking? Until recently, labor trafficking was an infrequently charged offense, with Hennepin County’s first successful labor trafficking prosecution occurring in just 2020. Under Minnesota Statute § 609.281.5, both the act of labor trafficking and profiting off
- [Nicole’s Client Gets Two Charges Dismissed, One Continued for Dismissal](https://bkdefense.com/nicoles-client-gets-two-charges-dismissed-one-continued-for-dismissal/) - Date: December 2021 Case: Domestic Assault, Disorderly Conduct, Fifth-Degree Assault Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with domestic assault, disorderly conduct, and fifth-degree assault. Based on Nicole’s discussions with the prosecutor, she was able to secure a dismissal of the domestic assault and fifth-degree assault charges and a continuance for dismissal of the disorderly conduct charge. This means that if Nicole’s client remains law abiding for 6 months, the charge will be dismissed.
- [Mike Brandt Discusses Kim Potter’s Sentencing](https://bkdefense.com/mike-brandt-discusses-kim-potters-sentencing/) - News Nation asked Attorney Mike Brandt to provide his thoughts and expertise on Kim Potter’s upcoming sentencing hearing. Mike discusses what happens now that Kim Potter was found guilty of first- and second-degree manslaughter, what a dispositional departure would look like, and the role of a pre-sentence investigation in this case. For the full article,
- [Mike’s Client Acquitted in Aggravated Forgery Case](https://bkdefense.com/mikes-client-acquitted-in-aggravated-forgery-case/) - Date: December 2021 Case: Aggravated Forgery Attorney: Michael J. Brandt Result: Mike was retained to represent a client in an Aggravated Forgery case. Mike took the case to a jury trial, where his client was acquitted in about 90 minutes.
- [Mike Brandt Discusses Guilty Verdict in Kim Potter’s Case](https://bkdefense.com/mike-brandt-discusses-guilty-verdict-in-kim-potters-case/) - USA Today asked Attorney Mike Brandt to comment on Kim Potter’s verdict of guilty on both the first- and second-degree manslaughter charges arising from the death of Daunte Wright. Mike discusses his surprise at the verdict reached by the jury. For the full article, click here.
- [Nicole Secures Dismissal in First Degree Criminal Sexual Conduct Case](https://bkdefense.com/nicole-secures-dismissal-in-first-degree-criminal-sexual-conduct-case/) - Date: December 2021 Case: 1st Degree Criminal Sexual Conduct Attorney: Nicole Kettwick Result: Nicole’s client was charged with two counts of first degree criminal sexual conduct after his daughter made allegations of sexual assault against him. After a year of independent investigation and persistent co
- [I Have My Permit to Carry, Now What?](https://bkdefense.com/i-have-my-permit-to-carry-now-what/) - Getting your concealed carry permit (CCP) is a big responsibility as well as a feeling of safety for a lot of gun owners. However, possessing a gun on your person comes with heightened standards of conduct that, if you violate, could get you arrested and potentially charged with a crime. The Minnesota Citizens’ Personal Protection
- [Mike Brandt Discusses Defense Strategy in Kim Potter Trial](https://bkdefense.com/mike-brandt-discusses-defense-strategy-in-kim-potter-trial/) - Court TV asked Attorney Mike Brandt to provide his thoughts and expertise on Kim Potter’s defense team’s trial strategy. To view Mike discuss Potter’s direct and cross-examination, as well as a statement made by Daunte Wright’s family, click here. To view Mike discuss Potter’s defense team’s theory, click here.
- [Nicole’s Client Avoids Felony in Criminal Vehicular Operation Case](https://bkdefense.com/nicoles-client-avoids-felony-in-criminal-vehicular-operation-case/) - Date: November 2021 Case: Criminal Vehicular Operation Attorney: Nicole A. Kettwick Result: After a head-on collision left both Nicole’s client and another driver in the hospital, Nicole’s client faced two counts of Felony Criminal Vehicular Operation (CVO). Nicole’s client made significant strides in sobriety and in a restorative justice circle with the victim in the accident. This helped Nicole reach a resolution with the prosecutor where her client pled guilty to an amended charge of Gross Misdemeanor CVO, and her client was able to avoid a felony conviction and jail time.
- [Mike Brandt Discusses Trial of Ex-Cop Kim Potter On Court TV](https://bkdefense.com/mike-brandt-discusses-trial-of-ex-cop-kim-potter-on-court-tv/) - Former Brooklyn Center police officer Kimberly Potter faces charges of 1st and 2nd degree manslaughter for the killing of Daunte Wright. Potter claims that she meant to grab her taser instead of her firearm during the incident. As opening statements are set to begin today, attorney Mike Brandt offers his opinion on what to expect
- [Nicole’s Client Avoids Conviction in Juvenile DWI and Controlled Substance Case](https://bkdefense.com/nicoles-client-avoids-conviction-in-juvenile-dwi-and-controlled-substance-case/) - Date: November 2021 Case: Underage Drinking and Driving and 5th Degree Controlled Substance Attorney: Nicole A. Kettwick Result: Nicole’s juvenile client was pulled over for a DWI and then drugs were found in her car. She faced charges of Underage Drinking and Driving and Fifth Degree Controlled Substance Possession. Nicole’s client made a tremendous effort in treatment and completed other proactive steps. Through her client’s efforts, Nicole was able to negotiate a resolution where the Underage Drinking and Driving charge was dismissed, and the judge stayed adjudication on the drug charge but placed her client on probation for 1 day. All charges were dismissed.
- [Nicole’s Client Avoids Felony Conviction in Aggravated Robbery Case](https://bkdefense.com/nicoles-client-avoids-felony-conviction-in-aggravated-robbery-case/) - Date: November 2021 Case: Aggravated Robbery Attorney: Nicole Kettwick Result: Nicole’s client was charged with felony aggravated robbery after attending a party with some of his friends and faced four years in prison. Nicole prepared for trial on her client’s case. On the eve of trial, Nicole was able to secure an agreement where the prosecutor amended the charge to gross misdemeanor theft from person with no additional jail time.
- [Client Avoids Conviction on Drug Charges](https://bkdefense.com/client-avoids-conviction-on-drug-charges/) - Date: November 2021 Case: Fifth Degree Controlled Substance Attorney: Mike Brandt Result: Mike was retained to help a client fight a gross misdemeanor charge of fifth degree controlled substance. Mike was able to negotiate a resolution in which the client received a stay of adjudication on the controlled substance charge. Mike’s client was placed on unsupervised probation for one year and upon successful completion of probation, the case will be dismissed.
- [Mike Helps Client Avoid Jail Time on DWI](https://bkdefense.com/mike-helps-client-avoid-jail-time-on-dwi/) - Date: November 2021 Case: Second-Degree DWI Attorney: Mike Brandt Result: Mike was retained to fight a Second-Degree DWI in Ramsey County. Because Mike’s client had multiple prior offenses, his client was looking at significant jail time. Due to the legal issues in the case and the proactive steps Mike encouraged his client to take, Mike was able to negotiate a favorable resolution for his client, which resulted in unsupervised probation for two years and no jail time.
- [New DWI Traffic Enforcement Grants in Anoka County](https://bkdefense.com/new-dwi-traffic-enforcement-grants-in-anoka-county/) - If you are driving in Anoka County during the late evening hours, you may notice more police on the road than usual. This is because several local police departments in Anoka County have received DWI Enforcement Grants. The DWI Enforcement Grant Program provides local police with additional funding to combat driving while intoxicated. These new
- [State v. Noor Decision Explained](https://bkdefense.com/state-v-noor-decision-explained/) - On September 18, 2021, the Minnesota Supreme Court published their decision in the case of State v. Mohamed Noor, who was a former Minneapolis police officer, who was convicted of third-degree murder and second-degree manslaughter for the killing of Justine Ruszczyk in July 2017. As a result of the conviction, Noor was sentenced to 12
- [Felony Charge Reduced to Gross Misdemeanor](https://bkdefense.com/felony-charge-reduced-to-gross-misdemeanor/) - Date: September 2021 Case: Threats of Violence Attorney: Mike Brandt Result: Mike was retained to fight a Felony Threats of Violence charge in Hennepin County. After conducting his own investigation and calling certain claims by the alleged victim into question, Mike was able to negotiate a plea agreement where Mike’s client plead guilty to Gross Misdemeanor Interference with an Emergency Call. As a result, Mike’s client was not required to serve any jail time and his client avoided a felony conviction on his record.
- [Criminal Vehicular Homicide – What you Should Know](https://bkdefense.com/criminal-vehicular-homicide-what-you-should-know/) - Car accidents are commonplace and part of the everyday risks of driving. Unfortunately, sometimes these accidents result in a loss of life. Depending on your driving conduct at the time of the accident, you could be looking at a wide range of criminal consequences. Of these consequences, one of the most serious charges is Criminal
- [Driver’s License Revocation Period Reduced from One Year to 90 Days](https://bkdefense.com/drivers-license-revocation-period-reduced-from-one-year-to-90-days/) - Date: September 2021 Case: DWI/DPS Attorney: Mike Brandt Result: Mike was retained to help a client charged with gross misdemeanor test refusal in Lake of the Woods County. Mike was successful in getting the DWI Refusal charge reduced to a Careless Driving. Mike was also able to get his client’s license revocation period reduced from one year to 90 days.
- [2021 DWI Law Changes – Ignition Interlock](https://bkdefense.com/2021-dwi-law-changes-ignition-interlock/) - While there are small modifications made each year to our laws here in Minnesota, this year comes with some more impactful changes. The changes themselves might appear small, but their impact on individuals charged with DWI are huge. While this blog specifically addresses the changes made regarding ignition interlock, you can read about other impactful
- [Mike Brandt Helps Client Avoid a Presumptive Prison Commit](https://bkdefense.com/mike-brandt-helps-client-avoid-a-presumptive-prison-commit/) - Date: August 2021 Case: Third-Degree Criminal Sexual Conduct Attorney: Mike Brandt Result: Mike was retained to fight a Third-Degree CSC in Anoka County. Mike’s client was looking at 64—84 months in prison. Mike was able to secure a downward dispositional departure. As a result, Mike’s client avoided the presumptive prison sentence. Instead, the client received 180 days in jail and was placed on probation.
- [Mike Helps Client Avoid Mandatory Jail Time](https://bkdefense.com/mike-helps-client-avoid-mandatory-jail-time/) - Date: August 2021 Case: Second-Degree DWI Refusal Attorney: Mike Brandt Result: Mike was retained to fight a Second-Degree DWI Refusal in Wright County. Because of the charge, Mike’s client faced a mandatory minimum jail sentenced of 90 days. Based upon Mike’s review of the facts of the case and his threat to go to trial, Mike was able to negotiate the charge down to a Third-Degree DWI. As a result, Mike’s client avoided the mandatory minimum of 90 days in jail. Instead of any jail time, the client received 30 days Home Electronic Monitoring.
- [2021 DWI Law Changes – Vehicle Forfeiture](https://bkdefense.com/2021-dwi-law-changes-vehicle-forfeiture/) - While there are small modifications made each year to our laws here in Minnesota, this year comes with some more impactful changes. The changes themselves might appear small, but their impact on individuals charged with DWI are huge. While this blog specifically addresses the changes made regarding vehicle forfeitures, you can read about other impactful
- [What is Delta-8 THC and is it Legal in Minnesota?](https://bkdefense.com/what-is-delta-8-thc-and-is-it-legal-in-minnesota/) - What is Delta-8 THC? Delta-8 THC has grown rapidly in popularity over the last few years. Perhaps you have seen Delta-8 on the shelves at a local CBD shop and have wondered what it is exactly. Delta-8 is a cannabis compound very similar in chemical structure to its “cousin” Delta-9 THC, which is usually what
- [Criminal Vehicular Operation reduced to DWI](https://bkdefense.com/criminal-vehicular-operation-reduced-to-dwi/) - Date: July 2021 Case: Criminal Vehicular Operation Attorney: Nicole A. Kettwick Result: Nicole’s client was in a traffic collision and left the scene without giving his information to the other driver. The police arrested Nicole’s client at his home and charged him with 3 counts of Gross Misdemeanor Vehicular Operation, 2 counts of Misdemeanor Fourth Degree DWI, and Gross Misdemeanor Failure to Stop for a Traffic Collision. Nicole encouraged her client to take various proactive steps and then used his progress to negotiate with the prosecutor. Nicole convinced the prosecutor to dismiss all of the Gross Misdemeanor charges. Nicole’s client was placed on 2 years of probation and was ordered to complete 80 hours of community service. Nicole’s client avoided a Gross Misdemeanor conviction and avoided serving any jail time.
- [Nicole’s Client Receives Continuance for Dismissal on Drug Paraphernalia Charge](https://bkdefense.com/nicoles-client-receives-continuance-for-dismissal-on-drug-paraphernalia-charge/) - Date: July 2021 Case: Possession of Drug Paraphernalia Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with Petty Misdemeanor Possession of Drug Paraphernalia after items were found in the car she was riding as a passenger in. Nicole requested a hearing to fight this charge. Nicole negotiated with the prosecutor and he agreed to a disposition called a continuance for dismissal. They entered this agreement on the record to the Court at Nicole’s client’s arraignment hearing and the Court accepted it. If Nicole’s client complies with the conditions of the agreement, after 1 year the charges will be automatically dismissed. Nicole accomplished her client’s goals of keeping a conviction of a drug-related offense off her record and avoiding the admission of any wrongdoing.
- [Gross Misdemeanor Test Refusal Reduced to Careless Driving](https://bkdefense.com/gross-misdemeanor-test-refusal-reduced-to-careless-driving/) - Date: July 2021 Case: DWI Attorney: Mike Brandt Result: Mike was retained to help a client charged with gross misdemeanor test refusal in Lake of the Woods County. Mike reviewed the evidence and brought a challenge as to whether or not the police violated his client’s rights when they arrested him. Mike discussed the legal issues with the prosecutor and due to the issues Mike raised, Mike was successful in getting the DWI Refusal charge reduced to a Careless Driving, keeping a DWI off his client’s record.
- [Got Whiskey Plates?](https://bkdefense.com/got-whiskey-plates/) - Whiskey plates are the scarlet letters of DWIs. Minnesota is one of only two states that require special registration plates (whiskey plates) after a DWI—the other state is Ohio. The Minnesota legislature passed a new law on July 1, 2021, that says you can remove whiskey plates IF you get ignition interlock in your vehicle.
- [CRIMINAL CONVICTIONS AND PUBLIC EMPLOYMENT: WHAT YOU SHOULD KNOW](https://bkdefense.com/criminal-convictions-and-public-employment-what-you-should-know/) - Have you ever wondered if you could pursue public employment after a criminal conviction? The idea of working for the State of Minnesota after a conviction may seem like an unlikely proposition. However, it may not be as unlikely as you think, thanks in part to Minnesota Statute § 364.01. First, it is necessary to
- [Not All Speech is Protected by the First Amendment](https://bkdefense.com/not-all-speech-is-protected-by-the-first-amendment/) - The “freedom of speech” is something Americans value and often turn to as a defense when their statements are questioned. The First Amendment of the United States Constitution states “Congress shall make no law…abridging the freedom of speech…” Many people may interpret this as giving them the right to say whatever they desire, without consequence.
- [Mike Secures Stay of Imposition of Felony Controlled Substance Charge](https://bkdefense.com/mike-secures-stay-of-imposition-of-felony-controlled-substance-charge/) - Date: July 2021 Case: First Degree Controlled Substance Crime Attorney: Michael J. Brandt Result: Mike’s client was charged with several counts of aiding and abetting and conspiracy to commit Felony Aggravated First Degree Controlled Substance Crimes. These charges carried mandatory sentences of 7 years in prison. Mike encouraged his client to complete a substance use assessment and follow its recommendations. Mike explained his client’s proactive steps and the legal issues in the case to the prosecutor. Mike convinced the prosecutor to dismiss all but one of the charges, which the prosecutor agreed to amend to Aiding and Abetting Felony Second Degree Sale of a Controlled Substance and recommend a Stay of Imposition to the Court. Mike’s client pled guilty to this charge and the Court accepted this plea and convicted her of a felony, but the Court agreed to a Stay of Imposition. This means that the conviction will remain a felony while Mike’s client is on probation, however, once she successfully completes probation the conviction will be deemed a misdemeanor and she will have her civil rights restored.
- [What is a “Pardon” and What is the Future of Pardons in Minnesota?](https://bkdefense.com/what-is-a-pardon-and-what-is-the-future-of-pardons-in-minnesota/) - What is a Pardon? A pardon allows a person to be relieved of some, or all, of the legal consequences resulting from a criminal conviction. Pardons grant clemency and mercy to those that have demonstrated their subsequent rehabilitation. In Minnesota, fewer than a third of the pardon applications the Board of Pardons considers each year
- [Nicole Secures Stay of Adjudication on Failure to Stop for Collision Charge](https://bkdefense.com/nicole-secures-stay-of-adjudication-on-failure-to-stop-for-collision-charge/) - Date: June 2021 Case: Failure to Stop for Collision Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with Failure to Stop for Collision and Unlawful Passing after getting into a car accident. Nicole negotiated a Stay of Adjudication on the Failure to Stop for Collision charge and a dismissal on the Unlawful Passing charge. Upon successful completion of probation the charge will be dismissed, and Nicole’s client will avoid a criminal conviction and keep a clean driving record.
- [Mike Secures Stay of Adjudication for Felony Drug Charge](https://bkdefense.com/mike-secures-stay-of-adjudication-for-felony-drug-charge/) - Date: June 2021 Case: Felony 5th Degree Possession of a Controlled Substance Attorney: Michael J. Brandt Result: Mike’s client was charged with Felony 5th Degree Possession of a Controlled Substance and Gross Misdemeanor Child Endangerment after the police executed a warrant on his home and found a felony amount of marijuana. Mike connected with the prosecutor and explained to her his client’s lack of criminal history and personal situation. Mike negotiated a Stay of Adjudication for the Felony drug charge and the prosecutor agreed to dismiss the child endangerment charge. As per the agreement with the prosecutor, Mike’s client pled guilty to the Felony drug charge but the Court set aside his plea and did not convict him. Instead, the Court placed Mike’s client on supervised probation for 2 years. Upon successful completion of probation, the Felony drug charge will be dismissed and Mike’s client will avoid both a conviction and any jail or prison time. Additionally, once Mike’s client completes probation, he will have the opportunity to have the records from this case sealed.
- [Mike Brandt Explains Why Bill Cosby is Now a Free Man](https://bkdefense.com/mike-brandt-explains-why-bill-cosby-is-now-a-free-man/) - Attorney Mike Brandt explains to John & Tammy in the Morning on 103.7 KSON why Bill Cosby was recently released from jail despite the many women that have come forward with sexual assault allegations against him. For the full interview, click here.
- [Mike’s Client Avoids Jail on Second Probation Violation](https://bkdefense.com/mikes-client-avoids-jail-on-second-probation-violation/) - Date: June 2021 Case: Second Probation Violation Attorney: Michael J. Brandt Result: Mike’s client was accused of violating his probation for a second time and faced prison time. Mike connected with the prosecutor before the probation violation hearing and explained that his client was undergoing new treatment, had a fair amount of jail credit, and was on probation in another county as well. Mike convinced the prosecutor to agree to Mike’s client being discharged from probation if he admitted to the violation. The court accepted this agreement and Mike’s client avoided additional jail time, avoided prison, and was discharged from probation.
- [Mike’s Client Avoids Diversion Revocation](https://bkdefense.com/mikes-client-avoids-diversion-revocation/) - Date: June 2021 Case: Probation Violation Attorney: Michael J. Brandt Result: Mike’s client faced a probation violation that could have resulted in his client being removed from the Diversion program and having a felony conviction entered. At the violation hearing, Mike explained his client’s personal situation and argued to keep his client in the Diversion program. Based on Mike’s client’s young age as well as the detrimental effect a felony conviction would have on his client, the Court did not revoke the Diversion program. This allowed Mike’s client to avoid a felony conviction and jail time. Instead, Mike’s client had his Diversion program extended for an additional 2 years and was ordered to complete an additional 50 hours of community service.
- [Mike’s Client Avoids Jail Time in Hennepin County](https://bkdefense.com/mikes-client-avoids-jail-time-in-hennepin-county/) - Date: June 2021 Case: Second Degree DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with two counts of Second Degree DWI after failing to stop at an accident. In addition to pointing out legal issues in the case, Mike had his client take various proactive steps. Based upon this, Mike was able to negotiate a plea agreement that resulted in Mike’s client avoiding any jail time as well as the return of his client’s vehicle, which had been forfeited.
- [Nicole Negotiates Continuance for Dismissal on Theft Charge for Client](https://bkdefense.com/nicole-negotiates-continuance-for-dismissal-on-theft-charge-for-client/) - Date: June 2021 Case: Theft Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with theft in Coon Rapids after under-ringing items at a department store. Nicole met with the prosecutor and explained the legal issues and her client’s personal situation. After connecting with the prosecutor, the State agreed to enter an agreement for a Continuance for Dismissal. If Nicole’s client completes the Court’s conditions, the charge will be dismissed after 1 year.
- [Fourth Degree DWI Charge Dismissed](https://bkdefense.com/fourth-degree-dwi-charge-dismissed/) - Date: June 2021 Case: Fourth Degree DWI and Possession of Marijuana in a Motor Vehicle Attorney: Michael J. Brandt Result: Mike’s client was charged with Fourth Degree DWI, Careless Driving, Possession of Marijuana in a Motor Vehicle, and Possession of Drug Paraphernalia after being pulled over for speeding. A conviction on these charges would have caused Mike’s client to lose his license. Mike negotiated with the prosecutor and argued that field sobriety tests are not designed to test impairment of controlled substances and that the MN Bureau of Criminal Apprehension will concede that there is no correlation between any amount of THC in the blood and impairment. Mike negotiated a reduced charge of Careless Driving and Possession of Marijuana. His client was placed on probation for one year and as a result of Mike’s negotiation, his client will not lose his license.
- [How Do Police Obtain Search Warrants?](https://bkdefense.com/how-do-police-obtain-search-warrants/) - In order to obtain a search warrant there are certain procedures the police must follow. This protection is outlined in the Fourth Amendment of both the Minnesota and United States Constitutions. It protects citizens by ensuring police do not have the power to invade someone’s home or property without probable cause. Specifically, a warrant
- [Nicole Secures Continuance for Dismissal in Ramsey County](https://bkdefense.com/nicole-secures-continuance-for-dismissal-in-ramsey-county/) - Date: June 2021 Case: Obstructing Legal Process and Disorderly Conduct Attorney: Nicole A. Kettwick Result: After an encounter with police at a political demonstration, Nicole’s client faced charges of obstructing legal process and disorderly conduct. After reviewing the evidence, Nicole was able to negotiate with the prosecutor and get her client a continuance for dismissal. This means her client’s case will be dismissed in three months without the client having to admit any fault on their end.
- [Mike's Client Avoids Jail Time in Sherburne County](https://bkdefense.com/mikes-client-avoids-jail-time-in-sherburne-county/) - Date: May 2021 Case: Gross Misdemeanor DWI & Carrying a Pistol Under the Influence Attorney: Michael J. Brandt Result: Mike Brandt represented a client in Sherburne County on a Gross Misdemeanor Third Degree DWI & a Misdemeanor Carrying a Pistol While Under the Influence. After effective negotiations, Mike was able to obtain a plea agreement that resulted in the dismissal of the Carrying a Pistol charge and his client avoided serving any jail time on the DWI charge.
- [Robbery, Burglary, and Theft… Oh my!](https://bkdefense.com/robbery-burglary-and-theft-oh-my/) - Let’s start with theft. Minnesota Statute 609.52 details various types of theft. One of the most common “thefts” is laid out in Subdivision 2(a)(1) which states: whoever “intentionally and without claim of right takes, uses, transfers, conceals, or retains possession of movable property of another without the other’s consent and with intent to deprive the owner permanently of possession of the property” has committed a theft.
- [Fireworks: Do’s and Don’ts](https://bkdefense.com/fireworks-dos-and-donts/) - Every year the Minnesota Fire Marshal reports dozens of firework injuries from all age groups. While injury is always a risk with using fireworks, many people may not realize they are also risking criminal penalties when they light off fireworks at their annual block party. If you purchase, possess, or use fireworks illegally, you could
- [Mike Brandt Appears on Court TV to Discuss Testimony of Retired Detective Struk in the Durst Murder Trial](https://bkdefense.com/mike-brandt-appears-on-court-tv-to-discuss-testimony-of-retired-detective-struk-in-the-durst-murder-trial/) - Retired New York Detective, Michael Struk, took the stand to testify in the trial of Robert Durst. Detective Struk was the lead investigator into the disappearance of Kathleen Durst, Robert Durst’s first wife, who mysteriously disappeared in 1982. Robert Durst is on trial for the 2000 murder of his confidante, Susan Berman. Attorney Mike Brandt
- [Who Can Be Considered an Expert Witness?](https://bkdefense.com/who-can-be-considered-an-expert-witness/) - An expert witness may be presented by the State or the Defense in a criminal trial. This witness is deemed an “expert” by the Judge, which allows this witness to give opinions or other testimony in any area of scientific, technical, or specialized knowledge. This scientific, technical, or specialized knowledge testimony or opinion must be
- [Should I Be Worried About Facial Recognition Software?](https://bkdefense.com/should-i-be-worried-about-facial-recognition-software/) - If you recently bought a new iPhone, you probably use Face ID to unlock your phone. Did you know that law enforcement agencies across the country have started using similar software to find suspects of crimes, even if they have no prior criminal history? How does it work and what are some existing issues? Law
- [Mistake of Fact](https://bkdefense.com/mistake-of-fact/) - Is “I made a mistake” a defense to a criminal charge? As always with legal questions: it depends. If the definition of a crime requires you to think a certain way or believe certain facts, an honest mistake can sometimes serve as a defense. Let’s use the crime of theft as an example. Minnesota Statute
- [Blakely Factors in Sentencing – How Will They Effect Derek Chauvin’s Sentence?](https://bkdefense.com/blakely-factors-in-sentencing-how-will-they-effect-derek-chauvins-sentence/) - Following Derek Chauvin’s verdicts, Judge Cahill addressed the issue of sentencing. Judge Cahill ordered that each side would be given time to file arguments regarding Blakely issues. This statement by Judge Cahill may have left you scratching your head and wondering “who is Blakely and what is a Blakely motion?” To properly answer a question
- [How Does a Closing Argument Work?](https://bkdefense.com/how-does-a-closing-argument-work/) - In a criminal trial, at the conclusion of the evidence, the State may make a closing argument to the jury first. Then, the Defense may make their closing argument to the jury second. After both have given their main closing arguments, the State has another chance to add on to their initial argument by rebutting
- [The Killing of George Floyd and the Criminal Charges the Officers Face Have Been in the News Over the Last Year](https://bkdefense.com/the-killing-of-george-floyd-and-the-criminal-charges-the-officers-face-have-been-in-the-news-over-the-last-year/) - You may be wondering why former officers, Tou Thao, J. Alexander Kueng, and Thomas Lane, are still facing criminal charges when Derek Chauvin has already been found guilty of killing George Floyd. It’s because the former officers have been charged with “aiding and abetting” Derek Chauvin. In other words, the prosecution is attempting to convict
- [What Standard Will be Applied to Determine if Derek Chauvin Used “Reasonable” Force?](https://bkdefense.com/what-standard-will-be-applied-to-determine-if-derek-chauvin-used-reasonable-force/) - As the jury heads into deliberations, one cannot help but wonder what legal standard is to be applied. How do you determine what is “reasonable?” Is there only one “reasonable” standard? The standard that is applied in police use of force incidents is known as the “reasonable officer” standard. This means that officer’s actions must
- [Mike Helps Client Squash a Harassment Restraining Order](https://bkdefense.com/mike-helps-client-squash-a-harassment-restraining-order/) - Date: April 2021 Case: Harassment Restraining Order (Respondent) Attorney: Mike Brandt Result: Mike was retained to help a client fight a Harassment Restraining Order in Ramsey County. After reviewing the evidence and speaking with witnesses, Mike was able to assist the client in getting the HRO dismissed.
- [Nicole Kettwick Discusses the George Floyd Video](https://bkdefense.com/nicole-kettwick-discusses-the-george-floyd-video/) - Newsweek asked Attorney Nicole Kettwick to provide her expertise on what role the video of George Floyd will play in the trial. Nicole Kettwick describes the interplay of expert testimony and the powerful video of Floyd’s death. For the full article, click here.
- [Can I prevent the police from making an illegal arrest?](https://bkdefense.com/can-i-prevent-the-police-from-making-an-illegal-arrest/) - Many people may believe that an arrest is only legal if a police officer has a warrant to arrest the person or if the police officer sees the person commit a crime. However, this is not always the case; warrantless arrests are allowed under limited circumstances depending on the offense. For example, if the crime
- [Mike Brandt Explains Eric Nelson’s Strategy for the Chauvin Trial](https://bkdefense.com/mike-brandt-explains-eric-nelsons-strategy-for-the-chauvin-trial/) - Attorney Mike Brandt describes to the Associated Press what Eric Nelson, Derek Chauvin’s defense attorney, will argue to the jury. Mike Brandt explains the whole strategy in cases such as this is to raise doubt. For the full article, click here.
- [Mike Brandt Provides Expertise on the Prosecution’s Case in the Chauvin Trial](https://bkdefense.com/mike-brandt-provides-expertise-on-the-prosecutions-case-in-the-chauvin-trial/) - Forbes asked Attorney Mike Brandt to provide his input on the prosecution’s case in the Chauvin trial. Mike Brandt discusses how cases such as this one are difficult to win. For the full article, click here.
- [Mike Brandt Explains Chauvin’s Defense Strategy as it Relates to the Cross-Examination of the Prosecution’s Experts](https://bkdefense.com/mike-brandt-explains-chauvins-defense-strategy-as-it-relates-to-the-cross-examination-of-the-prosecutions-experts/) - Attorney Mike Brandt appears on Court TV to discuss Eric Nelson’s cross-examination of the LAPD use of force expert. Mike Brandt also provides his expertise on Minnesota Rules of Evidence as it relates to expert testimony. For the full news clip, click here. Mike Brandt further explains the powerfulness of Eric Nelson’s cross-examination as it
- [The Death of George Floyd Case: State’s Witnesses](https://bkdefense.com/the-death-of-george-floyd-case-states-witnesses/) - In all jury trials, the general format is the same. First, there is jury selection and then opening statements where the Prosecution goes first, and the Defense follows. After opening statements, the Prosecution presents their side of the case. This is done by calling witnesses, taking their testimony, and introducing evidence. In the death of
- [Oops, I Was Pulled Over and They Found Marijuana in My Car, Now What?](https://bkdefense.com/oops-i-was-pulled-over-and-they-found-marijuana-in-my-car-now-what/) - As fans of The Office will recall, Jim Halpert once attempted to convince Dwight Schrute that Marijuana is a memory loss drug, meaning it erases your memories. If Jim was telling the truth and being honest with Dwight (a big “if”, we know) then it would make sense you forgot there was marijuana in your
- [The George Floyd Trial: What Happens Next?](https://bkdefense.com/the-george-floyd-trial-what-happens-next/) - Right now, the State (prosecution) is presenting their case in chief. This means they call witnesses to testify and present evidence. When a side calls a witness, that side must “direct examine” the witness by asking open-ended questions. Once that side has no further questions, the other side gets to “cross-examine” the witness. During cross-examination,
- [Mike Brandt Appears on Court TV to Discuss Witnesses in the Chauvin Trial](https://bkdefense.com/mike-brandt-appears-on-court-tv-to-discuss-witnesses-in-the-chauvin-trial/) - Court TV requests Attorney Mike Brandt to provide his input on the witnesses called thus far for the prosecution in the Chauvin trial. Mike Brandt explains that the strategy of bringing in bystanders from the video to testify as to what they were feeling at the time really humanizes the video, which is very powerful.
- [Mike Brandt Discusses What to Expect in the Trial of Derek Chauvin](https://bkdefense.com/mike-brandt-discusses-what-to-expect-in-the-trial-of-derek-chauvin/) - Attorney Mike Brandt was interviewed on Court TV to discuss opening statements in the trial of Derek Chauvin. Mike Brandt described what could be expected from each side in their opening statements. For the full news clip, click here. Mike Brandt then discusses the complications involved in having the other officers testify at Chauvin’s trial.
- [Mike Gets Gross Misdemeanor DWI Dismissed](https://bkdefense.com/mike-gets-gross-misdemeanor-dwi-dismissed/) - Date: March 2021 Case: Third Degree DWI Attorney: Mike Brandt Result: After reviewing the evidence in the case, Mike challenged the initial seizure of his client and brought a motion to suppress any evidence recovered from the initial seizure of his client. Mike also moved for the case to be dismissed for lack of probable cause. The Judge granted Mike’s motion to suppress the blood test taken from his client. Due to the suppression of evidence, the State lacked a strong case and decided to dismiss the case altogether.
- [As Jury Selection Comes to a Close, Mike Brandt Explains the Key Issues for Trial](https://bkdefense.com/as-jury-selection-comes-to-a-close-mike-brandt-explains-the-key-issues-for-trial/) - Attorney Mike Brandt appears on Court TV to continue discussing the trial of Derek Chauvin. Mike Brandt explains that there are two key issues that will be argued at trial: the mechanism of death and whether Derek Chauvin’s use of force was reasonable. Mike Brandt lays out how it will come down to a “battle
- [Mike Brandt Provides Expertise on the Impact of Critical Motions Made in Derek Chauvin Trial](https://bkdefense.com/mike-brandt-provides-expertise-on-the-impact-of-critical-motions-made-in-derek-chauvin-trial/) - Attorney Mike Brandt appears on Court TV to provide his expertise on motions made in the Chauvin trial following the settlement with the family of George Floyd. Mike Brandt also discusses critical motions brought before the court in regard to evidence the defense is looking to have admitted, such as the 2019 arrest of George
- [Mike Brandt Discusses the On-Going Jury Selection Process in the Trial of Derek Chauvin Following the Settlement with George Floyd’s Family](https://bkdefense.com/mike-brandt-discusses-the-on-going-jury-selection-process-in-the-trial-of-derek-chauvin-following-the-settlement-with-george-floyds-family/) - Attorney Mike Brandt appears on Court TV to provide additional expertise on the on-going jury selection process in the trial of Derek Chauvin. Mike Brandt discusses the various potential jurors and the continuing repercussions following the announcement of the $27 million dollar settlement with the family of George Floyd. For the full news clip, click
- [Mike Brandt Consults with Court TV on the Announcement of the $27 Million Dollar Settlement with the Family of George Floyd](https://bkdefense.com/mike-brandt-consults-with-court-tv-on-the-announcement-of-the-27-million-dollar-settlement-with-the-family-of-george-floyd/) - Attorney Mike Brandt appears on Court TV following the announcement of the $27 million dollar settlement in the George Floyd wrongful death suit. Mike Brandt discusses the implications of the announcement on the jury selection process, which is still ongoing in the Chauvin trial. For the full news clip, click here.
- [Mike Brandt interviewed by ABC on George Floyd trial](https://bkdefense.com/mike-brandt-interviewed-by-abc-on-george-floyd-trial/) - ABC News reached out to Michael Brandt​ today for his input and expertise regarding the Derek Chauvin trial. Mike continues to provide informative responses to questions as the jury selection progresses.
- [Mike Brandt Explains Pre-Trial Motions Filed in Derek Chauvin Case](https://bkdefense.com/mike-brandt-explains-pre-trial-motions-filed-in-derek-chauvin-case/) - Attorney Mike Brandt was interviewed on Court TV to discuss the pre-trial motions in limine filed in the Chauvin trial. Mike Brandt provides feedback on these motions and the effect they have on the trial. For the full news clip, click here.
- [Probation violations dismissed](https://bkdefense.com/probation-violations-dismissed/) - Date: March 2021 Case: Probation Violations Attorney: Mike Brandt Result: Mike represented a client on three felony files where his client was alleged to have violated his probation by absconding from probation. Mike's client was looking at the potential of going to prison if the court found that he had violated probation. In preparing the case, Mike provided documentation to the probation department and the prosecutor that Mike's client had turned his life around by going through treatment, maintaining sobriety, and being gainfully employed. Based upon all of this information, Mike convinced the state to dismiss the probation violations and discharge his client from probation. Once the probation violations were discharged, Mike's client had no further obligations to probation and did not face the risk of any jail time.
- [Mike Brandt Discusses Jury Selection in the Trial of Derek Chauvin](https://bkdefense.com/mike-brandt-discusses-jury-selection-in-the-trial-of-derek-chauvin/) - Court TV requested Attorney Mike Brandt to provide input on the jury selection process, as it begins in the Chauvin trial. Mike Brandt also discusses Judge Cahill’s decision to continue with the jury selection process even though the Minnesota Court of Appeals has not yet reached a decision on the state’s appeal to reinstate the
- [What is the Difference Between Jail and Prison?](https://bkdefense.com/what-is-the-difference-between-jail-and-prison/) - In movies, books, television shows, and conversations with friends, the words “jail” and “prison” seem to be used interchangeably, but they are far from the same. Jails and prisons are different establishments that serve different purposes in the criminal justice system. Jails: Jails are smaller than prisons and are under the jurisdiction of the specific
- [Mike Brandt Explains Key to Jury Selection in Derek Chauvin Trial](https://bkdefense.com/mike-brandt-explains-key-to-jury-selection-in-derek-chauvin-trial/) - Attorney Mike Brandt was interviewed for PBS NewsHour to provide his expertise on the jury selection process. Mike sets out that the key to jury selection in the Chauvin trial will be whether the potential jurors can put their experiences and opinions aside and be fair. For the full article, click here.
- [Enforcement of “No Gun” Signs](https://bkdefense.com/enforcement-of-no-gun-signs/) - Have you ever gone into a store and saw a sign indicating that no guns are allowed on the premises? If you have a handgun permit you may wonder what effect this sign has on your ability to carry a concealed weapon within that store. In Minnesota, “no gun” signs do not have the force
- [What Level of Participation Is Required to Charge Criminal Conspiracy?](https://bkdefense.com/what-level-of-participation-is-required-to-charge-criminal-conspiracy/) - The word “conspiracy” is often thrown around in both criminal law and popular culture. People could be referencing anything from the moon landing to organized crime when they chat about conspiracies. Despite “conspiracy” being widely used, in criminal law at the state level, individuals are often shocked to be charged as a part of a
- [A Stay of Adjudication Negotiation Prevents Mike’s Client from a Conviction and from Getting Any Jail Time](https://bkdefense.com/a-stay-of-adjudication-negotiation-prevents-mikes-client-from-a-conviction-and-from-getting-any-jail-time/) - Date: January 2021 Case: Domestic Assault Attorney: Michael J. Brandt Result: Mike’s client was charged with a Domestic Assault charge and two charges of 5th Degree Assault. In preparation for trial, Mike’s team obtained favorable evidence for his client. After disclosing some of this evidence to the prosecution in preparation for trial, Mike ultimately negotiated an agreement with the prosecutor called a Stay of Adjudication on a reduced charge of disorderly conduct. Mike’s client plead guilty to disorderly conduct and the prosecution dismissed all other charges. The Judge stayed adjudication on the disorderly conduct charge, meaning that the judge did not accept the plea and did not convict Mike’s client. Instead, Mike’s client was placed on probation for 1 year, and upon successful completion of probation, the disorderly conduct charge will be dismissed.
- [What is a Presentence Investigation (PSI)?](https://bkdefense.com/what-is-a-presentence-investigation-psi/) - You’ve been convicted or pled guilty to a crime and have a date scheduled to get sentenced. In your upcoming sentencing hearing, has the Court ordered a “PSI”? The court may, and sometimes must, order what is called a presentence investigation or PSI (Minnesota Statutes § 609.115). A PSI is conducted by a probation officer,
- [What is the difference between “reasonable suspicion” and “probable cause?”](https://bkdefense.com/what-is-the-difference-between-reasonable-suspicion-and-probable-cause/) - You ever have a discussion with a lawyer and hear the words “reasonable suspicion” and “probable cause”? I am sure this left you wondering what exactly does “reasonable suspicion” or “probable cause” even mean? This is a common question, especially in the DWI/DUI context. Both reasonable suspicion and probable cause are used—sometimes interchangeably—when referring to
- [2nd Degree DWI Charges Dismissed, and Client’s License Returned and Vehicle Forfeiture Dropped](https://bkdefense.com/2nd-degree-dwi-charges-dismissed-and-clients-license-returned-and-vehicle-forfeiture-dropped/) - Date: January, 2021 Case: 2nd Degree DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with a Gross Misdemeanor Second Degree DWI. Because of the charge, Mike’s client’s license was revoked for 2 years and the client’s vehicle was forfeited. However, after reviewing the State’s evidence, Mike determined that the police officer lacked reasonable articulable suspicion to pull his client over (AKA the officer illegally pulled Mike’s client over). Mike proceeded by drafting a motion and memorandum to the court asking the court to dismiss the charges because his client was illegally stopped by the police officer. The Judge ruled in favor of Mike’s client and dismissed all the charges against Mike’s client. Additionally, Mike challenged the revocation of his client’s license in civil court arguing that his client’s driving privileges, which were revoked at the time of the incident, should be given back to his client. The Judge ruled in Mike’s client’s favor on this issue as well and Mike restored his client’s driving privileges. Because the criminal charges were dismissed, the State also dropped the forfeiture proceedings against Mike’s client and returned the vehicle to Mike’s client.
- [Can I Expunge Records of an OFP or HRO? A Guide To Expunging Civil Case Records](https://bkdefense.com/can-i-expunge-records-of-an-ofp-or-hro-a-guide-to-expunging-civil-case-records/) - You may have read this title and thought, “what does it even mean to expunge records?” That is a fair question. An expungement is the process of asking a judge to seal court records, this process prevents those records from being publicly accessible. There are two different types of expungement, partial and full expungements. A
- [Mike’s Client Avoids Marijuana Conviction with a Continuance for Dismissal](https://bkdefense.com/mikes-client-avoids-marijuana-conviction-with-a-continuance-for-dismissal/) - Date: January, 2021 Case: Possession of Marijuana in a Motor Vehicle Attorney: Mike Brandt Result: Mike's client faced charges of Marijuana in a Motor Vehicle. A conviction on this charge would have caused his client to lose his license, have a drug conviction, and be on probation. Thanks to Mike's help, his client received what is called a continuance for dismissal. This means that Mike’s client must remain law abiding for one year and at which point the charge will be dismissed altogether. This avoided any sort of conviction or loss of license.
- [When is a DWI a felony in Minnesota?](https://bkdefense.com/when-is-a-dwi-a-felony-in-minnesota/) - There are three levels of DWI in Minnesota—misdemeanor, gross misdemeanor, and felony. How is the level of a DWI determined? Typically, a first-time DWI in Minnesota is classified as a misdemeanor—which means up to 90 days in jail. A second or third offense in 10 years is typically a gross misdemeanor—which means up to one
- [Nicole Gets Felony Firearm Charge Down to a Misdemeanor](https://bkdefense.com/nicole-gets-felony-firearm-charge-down-to-a-misdemeanor/) - Date: January 2021 Case: Reckless Discharge of a Firearm Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with a Felony Reckless Discharge of a Firearm after his gun fired accidentally when he was cleaning the chamber in his shared town home. Nicole was able to negotiate with the prosecutor, utilizing the proactive steps of her client, to lower the felony charge to a misdemeanor, with no jail time, and limited conditions of probation.
- [Mike Avoids Felony Conviction for Client](https://bkdefense.com/mike-avoids-felony-conviction-for-client/) - Date: January, 2021 Case: Domestic Assault by Strangulation Attorney: Michael Brandt Result: Felony conviction avoided. Mike’s client was charged with Felony Domestic Assault by Strangulation. This charge would normally result in a felony level conviction. However, Mike was able to negotiate a resolution where the matter was sentenced as a gross misdemeanor, avoiding a felony conviction. Mike's client was placed on probation for two years and ended not have to serve any jail time.
- [Mike’s Client Avoids a Felony Conviction & Jail Time](https://bkdefense.com/mikes-client-avoids-a-felony-conviction-jail-time/) - Date: January 2021 Case: Felony Domestic Assault by Strangulation Attorney: Michael J. Brandt Result: Mike’s client was charged with Felony Domestic Assault by Strangulation after an incident occurring in Hennepin County on February 9, 2020. Mike negotiated a resolution that allowed this offense to be sentenced as a gross misdemeanor. Mike’s client avoided a felony conviction on his record and will not serve any jail time.
- [Nicole Helps Client Avoid Felony Conviction](https://bkdefense.com/nicole-helps-client-avoid-felony-conviction/) - Date: January 2021 Case: Solicitation of a Minor Attorney: Nicole Kettwick Result: Nicole’s client was charged with Felony Solicitation of Child to Engage in Sexual Conduct Anoka County. Nicole worked with her client to take proactive measures that ultimately led to a favorable negotiation where her client avoided a felony conviction and serving jail time.
- [Nicole Gets Order for Protection Dismissed for Client](https://bkdefense.com/nicole-gets-order-for-protection-dismissed-for-client/) - Date: December 2020/January 2021 Case: Order for Protection (OFP) Attorney: Nicole A. Kettwick Result: Nicole’s client was served with an Order for Protection (OFP) against him that prohibited him from seeing his wife and children. Nicole successfully was able to get the OFP modified during the pending case that allowed her client to see his children and communicate with his wife. After Nicole communicated and negotiated with the other side, she was able to get the OFP dismissed for her client and all the fees imposed on him waived. Now her client can get back to caring for his family, as he had hoped for from the start.
- [Nicole’s Client Avoids Reckless Driving Conviction](https://bkdefense.com/nicoles-client-avoids-reckless-driving-conviction/) - Date: December 2020 Case: Reckless Driving Attorney: Nicole A. Kettwick Result: Nicole’s client damaged her apartment complex garage after a driving incident, which landed her with a reckless driving charge. After negotiations with the prosecutor and the client’s proactive steps, Nicole was able to get the prosecutor to lessen the charge to careless driving and secure a stay of adjudication for her client. This means that her client was not convicted of any charge but was placed on unsupervised probation for one year. If she successfully completes probation, the amended careless driving charge will be dismissed. This resolution allowed Nicole’s client to keep a conviction off her record.
- [Nicole’s Client Avoids Prison Time for Aggravated Robbery after Probation Violation](https://bkdefense.com/nicoles-client-avoids-prison-time-for-aggravated-robbery-after-probation-violation/) - Date: December 2020 Case: Probation Violation and Controlled Substance Crime Attorney: Nicole A. Kettwick Result: After being convicted of a felony aggravated robbery and sentenced to 20 years of probation with a 58-month prison sentence hanging over his head, Nicole’s client violated his probation and was found with drugs in his pocket at his probation violation hearing. On top of his risk of being sent to prison, he now faced a new drug charge, and another violation. However, based on numerous discussions and negotiations Nicole had with the prosecutor and probation officers about her client’s proactive steps in treatment, they finally reached a resolution. In this resolution, Nicole’s client was able to avoid prison and jail time, continue with his previous conditions of probation, and at completion of probation, the new drug charge will be dismissed.
- [Mike Brandt Discusses Order Separating Derek Chauvin’s Trial from the Three Other Officers](https://bkdefense.com/mike-brandt-discusses-order-separating-derek-chauvins-trial-from-the-three-other-officers/) - The Associated Press asked Attorney Mike Brandt to provide his thoughts and expertise on Judge Cahill’s order separating the trial of Derek Chauvin from the three other officers charged in the death of George Floyd. Mike discusses how the order may benefit the three other officers, as it gives them a preview of the state’s
- [What Constitutes Coercion?](https://bkdefense.com/what-constitutes-coercion/) - If someone says you are persuasive, you would probably take that as a compliment, right? The power of persuasion is often highly valued, especially in the legal field. But if someone says you are being coercive, this is less complimentary. In fact, coercion is a crime in Minnesota. Minnesota Statute § 609.27 defines the crime
- [Mike Avoids Charges Altogether with Pre-Charge Representation](https://bkdefense.com/mike-avoids-charges-altogether-with-pre-charge-representation/) - Date: December 2020 Case: Pre-charge Representation – Financial Exploitation of a Vulnerable Adult Attorney: Michael Brandt Result: Mike was retained to represent a client before any criminal charges were actually brought. Mike represented this client while the client was under investigation for financial exploitation of a vulnerable adult. Mike followed up with the investigators and county attorney’s office while representing the client during the investigation process. Ultimately, no charges were ever brought by the state, the statute of limitations ran, and Mike’s client was never charged nor convicted.
- [Minnesota Supreme Court Upholds Revenge Porn Statute](https://bkdefense.com/minnesota-supreme-court-upholds-revenge-porn-statute/) - Did you know that Minnesota has a statute that makes it a crime to distribute private sexual images of another person without their consent? This statute, § 617.261, was under review by the Minnesota Supreme Court when a woman’s boyfriend put her sex tape with another man on the internet as a form of revenge
- [What is a “Stay of Adjudication?”](https://bkdefense.com/what-is-a-stay-of-adjudication/) - If you have received a stay of adjudication and are confused as to what that means, here is an explanation. A stay of adjudication means you have entered a guilty plea, but that plea has not been entered into the record. Think of this as your guilty plea being placed on a shelf for the
- [Harassment Retraining Order Dismissed Prior to Evidentiary Hearing](https://bkdefense.com/harassment-retraining-order-dismissed-prior-to-evidentiary-hearing/) - Date: December 2020 Case: Harassment Restraining Order (Response & Petition) Attorney: Michael J. Brandt Result: Mike Brandt represented a client to defend against a Harassment Restraining Order brought by Mike’s client’s neighbor. Mike started by going on the offensive and filed his own petition for a Harassment Restraining Order against the neighbor in Hennepin County. Mike conducted a thorough investigation in this case, obtained witness statements, video surveillance, photos, and police reports to support his client’s recollection of events. These preparations ultimately led the parties to each dismissing their respective restraining orders and agreeing to leave each other alone.
- [Mike Helps Client Avoid Criminal Conviction & Secures Agreement to Expunge Records](https://bkdefense.com/mike-helps-client-avoid-criminal-conviction-secures-agreement-to-expunge-records/) - Date: December 2020 Case: DWI and Carrying a Pistol While Under the Influence of Alcohol Attorney: Michael J. Brandt Result: Mike’s client was charged with Fourth Degree DWI and Carrying a Pistol While Under the Influence. These charges stemmed from an incident occurring in Hennepin County in February of 2020. Based upon legal issues that Mike raised, Mike was able to negotiate a resolution where the DWI charge was dismissed and his client received a Stay of Adjudication on the pistol charge. This means that his client plead to the Carrying a Pistol charge but the judge did not convict the client of this. Mike’s client was placed on unsupervised probation for 1 year. When the client successfully completes probation, the remaining charge will also be dismissed. As part of the negotiations, the prosecutor agreed to the expungement of these records once Mike’s client is eligible.
- [Can I have a handgun in my vehicle?](https://bkdefense.com/can-i-have-a-handgun-in-my-vehicle/) - In Minnesota, the ability to carry a handgun in your vehicle depends on whether or not you have a permit to carry and how the handgun is transported. No Permit If you do not have a permit to carry, you cannot carry a loaded handgun in your vehicle. In order to transport a handgun in
- [Harassment Restraining Order Shortened After Negotiations by Nicole](https://bkdefense.com/harassment-restraining-order-shortened-after-negotiations-by-nicole/) - Date: December 2020 Case: Harassment Restraining Order (HRO) Attorney: Nicole A. Kettwick Result: After a tenant of Nicole’s client petitioned for an HRO against him and he was served, Nicole’s client was faced with not being able to live in his own home. Even though the deadline to vacate or fight the HRO had passed, and the Court initially denied a hearing, Nicole approached the court again and the Court then granted her client a hearing. Nicole approached the Court again to modify the HRO address, and got her client back into his house before the hearing. Nicole then negotiated with the other party and reached a resolution that terminates the HRO in 6 months so long as there are no new violations and Nicole’s client can go back to living his normal life without it hanging over his head.
- [What is, and is not, a Firearm: As Told by the Minnesota Supreme Court](https://bkdefense.com/what-is-and-is-not-a-firearm-as-told-by-the-minnesota-supreme-court/) - Under Minnesota law, certain individuals are barred from possessing a firearm. Included in the list of ineligible possessors are those convicted of a crime of violence. A conviction of a crime of violence carries with it a lifetime firearm ban. For more information on what constitutes a crime of violence, see our blog “What Are
- [What Does it Mean to be Seized by a Police Officer?](https://bkdefense.com/what-does-it-mean-to-be-seized-by-a-police-officer/) - Have you ever been stopped by a police officer? Was it a brief conversation? Did you feel uncomfortable? Did you believe that the police officer had no right to stop you? Well, at times, you would be correct. It is not unconstitutional for a police officer to come up and speak to you. However, while
- [Hennepin County 2021 Bail Changes](https://bkdefense.com/hennepin-county-2021-bail-changes/) - Hennepin County Attorney Mike Freeman announced a new list of offenses – 19 total – for which they will no longer request bail. Bail is a financial obligation that is due prior to release from custody to ensure compliance with release while a case is pending. You typically get this money back when the case
- [Nicole gets gross misdemeanor Obstructing Legal Process reduced to a disorderly conduct](https://bkdefense.com/nicole-gets-gross-misdemeanor-obstructing-legal-process-reduced-to-a-disorderly-conduct/) - Date: November 2020 Case: Obstruct Legal Process and Disorderly Conduct Attorney: Nicole A. Kettwick Result: After a night of drinking at a local restaurant, Nicole’s client got into arguments with the police as they were trying to find him a ride home. He was charged with gross misdemeanor obstructing legal process. Nicole and her client worked together to be proactive, including writing an apology letter, Nicole was able to negotiate with the prosecutor to dismiss the gross misdemeanor charge and stay the jail time for the misdemeanor in place of one year of probation. This resolution allowed Nicole’s client to move forward from this mistake while minimizing the impact the charges could have had on the rest of his life.
- [Gross Misdemeanor DWI Charges Reduced to a Misdemeanor with No Jail](https://bkdefense.com/gross-misdemeanor-dwi-charges-reduced-to-a-misdemeanor-with-no-jail/) - Date: November 2020 Case: Gross Misdemeanor DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with Third Degree DWI in Sherburne County because of testing more than twice the legal limit. This type of charge often results in jail time in this county. However, Mike was successful in negotiating a reduced charge of Fourth Degree DWI. Mike’s client was sentenced to community work service and a small fine instead of serving any jail time.
- [Mike’s Client Avoids Jail Time after Second DWI and Testing Three Times over the Legal Limit](https://bkdefense.com/mikes-client-avoids-jail-time-after-second-dwi-and-testing-three-times-over-the-legal-limit/) - Date: November 2020 Case: Gross Misdemeanor DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with two DWI Gross Misdemeanors in Ramsey County for testing three times over the legal limit. Even though Mike’s client had a high alcohol reading and a prior DWI within the last 10 years which would have required a mandatory minimum 30 days in jail, Mike worked out a resolution where his client was sentenced to community work service, rather than serving any jail time or house arrest.
- [Client’s Third DWI Results in No Jail Time](https://bkdefense.com/clients-third-dwi-results-in-no-jail-time/) - Date: November 2020 Case: Gross Misdemeanor DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with two DWI Gross Misdemeanors in Ramsey County. This was the client’s third DWI, and the client blew more than double the legal limit. Due to the legal issues in the case as well as some proactive steps that Mike’s client undertook, Mike was able to negotiate a resolution where his client did not serve any jail time and was merely placed on four years of unsupervised probation to the Court.
- [The Office: A Moroccan Christmas with a Dash of Kidnapping](https://bkdefense.com/the-office-a-moroccan-christmas-with-a-dash-of-kidnapping/) - As many of you might already know, NBC’s classic comedy, The Office, is being removed from Netflix on January 1, 2021 (insert Michael Scott gif yelling “No! God! Please, no!”). While we, like many of you, will no longer be able to binge our favorite show, we thought a proper tribute was in order. In
- [Gross Misdemeanor Charges Continued for Dismissal](https://bkdefense.com/gross-misdemeanor-charges-continued-for-dismissal/) - Date: October 2020 Case: False Information in Application for Concealed Carry Permit Attorney: Michael J. Brandt Result: Mike’s client was charged with five Gross Misdemeanors for charges related to a training class for concealed carry applicants. From the start, Mike’s client proactively took steps to rectify his actions, which Mike used to negotiate a resolution with the State. Mike was able to negotiate a “continuance for dismissal” for the five Gross Misdemeanor charges, which means if Mike’s client successfully completes all the conditions of the agreement, those charges will be dismissed in a year. Because of this resolution, Mike’s client will be eligible for an expungement.
- [Nicole’s Client Avoids Jail Time on Second Time, 2nd Degree DWI](https://bkdefense.com/nicoles-client-avoids-jail-time-on-second-time-2nd-degree-dwi/) - Date: October 2020 Case: Gross Misdemeanor DWI Attorney: Nicole Kettwick Result: Nicole’s client was charged with two Gross Misdemeanor DWIs in Ramsey County. Even though Nicole’s client had a high alcohol reading and a prior DWI her client took proactive steps, which Nicole used to negotiate a favorable resolution. Despite a law requiring a mandatory minimum of 30 days in jail, Nicole worked out a resolution where her client could avoid all jail time if he agreed to only drive a vehicle equipped with ignition interlock, as part of an exception to that law. Nicole’s client was sentenced to no jail time and three years of probation.
- [Stay of Adjudication keeps Traffic Offense off of Mike’s Client’s Driving Record](https://bkdefense.com/stay-of-adjudication-keeps-traffic-offense-off-of-mikes-clients-driving-record/) - Date: October 2020 Case: Duty to Drive with Due Care Attorney: Michael J. Brandt Result: Mike’s client was charged with Failure to Drive with Due Care in the City of Fort Snelling in Hennepin County. On the day of trial, Mike negotiated a disposition called a “stay of adjudication.” Under the stay of adjudication, Mike’s client pled guilty to the charge; however, the judge did not accept his plea nor convict him of the offense. Mike’s client was placed on unsupervised probation for one year and upon successful completion, the charge will be dismissed. Because of the stay of adjudication, this offense will not be reflected on Mike’s client’s driving record.
- [Organized Crime is a Crime in Itself](https://bkdefense.com/organized-crime-is-a-crime-in-itself/) - For years, movies like “The Godfather” and “Goodfellas” have provided a glamorous look at organized crime. In these movies, figures like Vito Corleone (The Godfather) commit numerous crimes ranging from theft to murder. In order to stay in these criminal organizations without getting “whacked,” you have to continue to contribute to the organizations criminal enterprises.
- [Nicole Helps Client Secure a Continuance for Dismissal in Assault Case](https://bkdefense.com/nicole-helps-client-secure-a-continuance-for-dismissal-in-assault-case/) - Date: October 2020 Case: 5th Degree Assault Attorney: Nicole Kettwick Result: Nicole’s client was charged with 5th Degree Assault in the City of Hopkins in Hennepin County. However, with the client’s proactive steps, Nicole was able to negotiate a “continuance for dismissal.” If Nicole’s client successfully completes all the conditions of the agreement, then the case will dismissed in less than one year. With Nicole’s assistance, the client avoided a conviction on his record, and he is also eligible for an expungement
- [Domestic Assault Charges Continued for Dismissal](https://bkdefense.com/domestic-assault-charges-continued-for-dismissal-2/) - Date: October 2020 Case: 5th Degree Assault, Domestic Assault, and Disorderly Conduct Attorney: Michael J. Brandt Result: Mike’s client was charged with 5th Degree Assault, Domestic Assault, and Disorderly Conduct in Washington County. As part of his preparation for the case, Mike utilized an investigator to interview witnesses to clarify what happened and Mike had his client do some proactive steps to show that this was an isolated incident. Based on this information, Mike was able to negotiate a “continuance for dismissal,” which means if Mike’s client successfully completes all the conditions of the agreement, the case will be dismissed in a year. Mike’s client not only avoids a conviction on his record but is also eligible for an expungement.
- [That Cemetery Séance is More than just Scary…it’s Criminal](https://bkdefense.com/that-cemetery-seance-is-more-than-just-scaryits-criminal/) - It is that time of year again. Halloween is upon us and children everywhere are thrilled at the opportunity to go door to door and collect their mini Snickers. But the adults and teenagers look past the sugar highs and aim their attention to adrenaline highs and extreme scares. Before you think the perfect Halloween
- [Sports Gambling and Minnesota…Not Yet](https://bkdefense.com/sports-gambling-and-minnesotanot-yet/) - Until recently, sports gambling has been banned at the federal level. Things changed in 2018 with the Supreme Court’s decision in Murphy v. NCAA, 138 S. Ct. 1461 (2018), where the Court overturned a federal ban of sports gambling. In the time following this landmark decision, 25 States, including the District of Columbia, have passed
- [No Charges Filed Against Client after Allegations of Criminal Sexual Conduct](https://bkdefense.com/no-charges-filed-against-client-after-allegations-of-criminal-sexual-conduct/) - Date: September 2020 Case: Allegations of Criminal Sexual Conduct Attorney: Michael J. Brandt Result: The Stearns County Sheriff was investigating Mike’s client for allegations of sexual abuse. Mike was able to get involved before charges were filed and he utilized an investigator to take statements from numerous people that were familiar with his client and the accuser. In addition, Mike was able to provide information about motives that the accuser had regarding the allegations. Mike forwarded all of this information to the investigator and to the county attorney. Once the county attorney reviewed all the information, they declined to press charges against Mike’s client.
- [Mike’s Client is Granted Diversion for Drug Related Felony Charges](https://bkdefense.com/mikes-client-is-granted-diversion-for-drug-related-felony-charges/) - Date: September 2020 Case: Fifth Degree Drugs Sale and Possession Attorney: Michael Brandt Result: Mike’s client was charged with six felony drug charges stemming from the execution of a search warrant at his client’s house. Up until trial, the State had insisted on Mike’s client being convicted of a felony for this offense. However, based upon Mike’s preparation and investigation, the State agreed to allow Mike’s client into a diversion program which allows his client to have the charges dismissed after one year as long as his client stays out of trouble and does community work service. This will also allow Mike’s client the opportunity to have the information from this charge expunged.
- [Mike Helps Client Receive Home Detention after Second Gross Misdemeanor DWI](https://bkdefense.com/mike-helps-client-receive-home-detention-after-second-gross-misdemeanor-dwi/) - Date:September 2020 Case: Gross Misdemeanor DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with two DWI Gross Misdemeanors in Anoka County. This was the client’s second DWI within 10 years with a very high alcohol reading. However, with the client’s proactive steps, Mike was able to negotiate a resolution with the State. Mike’s client pled to one count and the other count was dismissed. The client avoided serving active jail time, and instead, was sentenced to 30 days on electronic home monitoring and three years of probation.
- [Gross Misdemeanor Sentenced Down to a Misdemeanor, Client Serves No Jail](https://bkdefense.com/gross-misdemeanor-sentenced-down-to-a-misdemeanor-client-serves-no-jail/) - Date: September 2020 Case: Gross Misdemeanor DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with two Gross Misdemeanor DWIs in Beltrami County. Mike raised several legal issues and was able to negotiate a resolution where his client would not serve any jail time. Mike was also able to convince the judge to sentence this charge as a Misdemeanor, reducing the charge from a Gross Misdemeanor to a Misdemeanor.
- [Vehicle Forfeiture from Fleeing the Police in a Motor Vehicle](https://bkdefense.com/vehicle-forfeiture-from-fleeing-the-police-in-a-motor-vehicle/) - Did you know that the State can forfeit your vehicle when you are convicted of a certain crime? This means that the State takes ownership and possession of the vehicle used to commit the crime. Under Minnesota Law (§ 609.5312, subd. 4), vehicles can include cars, snowmobiles, motorboats, and other off-road recreational vehicles. These motor
- [Batman…The Caped Criminal?](https://bkdefense.com/batmanthe-caped-criminal/) - You may have clicked this blog expecting deep insight into the legal ethics of Batman, a superhero who acts outside the law to bring justice to Gotham City, we are sorry to disappoint. Interestingly enough, if Gotham City were in Minnesota, Batman would be guilty of an unlikely and often overlooked crime, concealing identity. Minnesota
- [Field Sobriety Tests – what are they?](https://bkdefense.com/field-sobriety-tests-what-are-they/) - When people are stopped on suspicion of Driving While Intoxicated (DWI), officers might request that they complete a series of tests known as Field Sobriety Tests. These are a battery of tests developed by the National Highway Traffic Safety Administration (NHTSA) to determine whether a driver is impaired. What kind of tests are they? The
- [What does it mean to defund the police?](https://bkdefense.com/what-does-it-mean-to-defund-the-police/) - Since the death of George Floyd and the subsequent protests, two rallying cries have been consistent – “Justice for George” and “Defund the Police.” The first one is self-explanatory, but what does the City Council mean when it pledges to defund the police? First, it’s important to note that defunding the police does not mean
- [Mike’s Client Avoids Jail and Forfeiture After 2nd DWI in Hennepin County](https://bkdefense.com/mikes-client-avoids-jail-and-forfeiture-after-2nd-dwi-in-hennepin-county/) - Date: July 2020 Case: 2nd Degree DWI Attorney: Michael Brandt Result: Mike’s client was charged with Second Degree DWI in Hennepin County. Due to a previous DWI conviction on his record and a very high alcohol level, Mike had his client take some affirmative steps prior to going to court and was able to negotiate a resolution for his client which involved his client not serving any jail time. Mike also successfully assisted his client in securing the return of his vehicle which was originally forfeited by the state due to the aggravating factors of his client’s case.
- [Mike’s Client Avoids a Conviction in Anoka County Felony](https://bkdefense.com/mikes-client-avoids-a-conviction-in-anoka-county-felony/) - Date: July 2020 Case: Criminal Damage to Property Attorney: Michael Brandt Result: Mike’s client was charged with 1st Degree Criminal Damage to Property in Anoka County. The incident involved damage to a squad car and was an anomaly that was fueled by alcohol. Before his client was charged, Mike had his client take several proactive steps which assisted him negotiating a favorable resolution for his client. Specifically Mike convinced the prosecutor to allow Mike’s client to enter Anoka’s Felony Diversion Program, which means that Mike’s client pled guilty, but the Court does not accept the plea as long as the client follows certain conditions for the next two years. If the client successfully completes the Diversion Program, the charges will be dismissed.
- [Mike Brandt and Nicole Kettwick are Recognized by Minnesota Super Lawyers](https://bkdefense.com/mike-brandt-and-nicole-kettwick-are-recognized-by-minnesota-super-lawyers/) - Congrats to our firm partners for being stars once again! Mike Brandt was named a Super Lawyer for the 18th consecutive year & was selected to the Minnesota Top 100 list for the 6th consecutive year. Nicole Kettwick was named a Minnesota Rising Star for the 7th straight year.
- [Prior DWI test refusal charge? New law may provide way to reverse conviction](https://bkdefense.com/prior-dwi-test-refusal-charge-new-law-may-provide-way-to-reverse-conviction/) - A recent Minnesota Court of Appeals case, Hagerman v. Minnesota, reversed a DWI test refusal conviction for being unconstitutional! The Fourth Amendment protects against unreasonable searches and seizures. In the DWI context, administering a chemical test via breath, blood, or urine is a search. For a chemical test to be valid, police must either obtain
- [DWI “Physical Control” - Can I get a DWI while sleeping in my parked car?](https://bkdefense.com/dwi-physical-control-can-i-get-a-dwi-while-sleeping-in-my-parked-car/) - Yes, you can be charged with a DWI while sleeping in your parked car. Per Minnesota DWI Statute, it is a crime for any person to drive, operate, or be in physical control of any motor vehicle while under the influence. Being in "physical control" of the vehicle only requires you to be within proximity
- [Client Avoids Felony Fraud Convictions](https://bkdefense.com/client-avoids-felony-fraud-convictions/) - Date: June 2020 Case: Workers Compensation Fraud & Insurance Fraud Attorney: Nicole Kettwick Result: Nicole’s client was charged with 2 counts: felony Workers Compensation Fraud and felony Insurance Fraud in Anoka County. After months of negotiation, Nicole negotiated a favorable resolution: 4 years probation and less than a $300 fine with no jail in exchange for a guilty plea to 2 counts of gross misdemeanor Workers Compensation Fraud. Nicole was able to accomplish both of her client’s goals: avoid jail time and avoid a felony conviction.
- [Mike Brandt speaks to WCCO about George Floyd](https://bkdefense.com/mike-brandt-speaks-to-wcco-about-george-floyd/) - WCCO News asked Attorney Mike Brandt to share his thoughts on the George Floyd case. Mike emphasized how challenging it would be to find an unbiased jury in Minnesota, suggesting that the defense may use the publicity the case has received as a reason to move the trial out of Hennepin County. For the full
- [License Plate Impoundment](https://bkdefense.com/license-plate-impoundment/) - You may have noticed somebody driving a vehicle that has a license plate that looks different than the typical Minnesota license plate. Rather than loons or some other outdoor scene, these plates are plain black-and-white and many times start with the letter W. You may wonder why they have these plates. The answer is that
- [CNN News Crew Improperly Arrested: A Person Has A Right to Know Why They Are Being Arrested.](https://bkdefense.com/cnn-news-crew-improperly-arrested-a-person-has-a-right-to-know-why-they-are-being-arrested/) - In the early morning hours of Friday, May 29, 2020, amidst the George Floyd protests in Minneapolis, a CNN Correspondent and his crew were arrested on a street south of downtown Minneapolis while giving a live television report. Omar Jimenez, the CNN correspondent, was reporting near the police precinct building that was set on fire
- [Nicole Kettwick has client's driving after revocation case dismissed](https://bkdefense.com/nicole-kettwick-has-clients-driving-after-revocation-case-dismissed/) - Date: May 2020 Case: Driving After Revocation Attorney: Nicole Kettwick Result: Nicole’s client was charged with Driving After Revocation after an incident occurring in Anoka County. Nicole reached out to the prosecutor to discuss the legal issues of the case. After reviewing Nicole’s information, the State decided to outright dismiss the case.
- [Mike Brandt Helps Client Get Early Discharge from Probation](https://bkdefense.com/mike-brandt-helps-client-get-early-discharge-from-probation-2/) - Date: May 2020 Case: Early Discharge from Probation Attorney: Michael J. Brandt Result: Mike’s client was sentenced to complete 5 years of supervised probation. After completing 4 years of probation without any violations, the client hired Mike to bring a motion for early release from probation due to some difficulties that probation was creating in the client’s career. Mike gathered information regarding his client’s character as well as his performance on probation and argued for his client to be discharged early. After reviewing the submitted documentation, the Judge signed an order discharging Mike’s client from probation. Mike was able to complete this administratively and did not have to attend any hearings on this matter.
- [Nicole Kettwick gets client's domestic assault case dismissed](https://bkdefense.com/nicole-kettwick-gets-clients-domestic-assault-case-dismissed/) - Date: May 2020 Case: Domestic Assault Attorney: Nicole Kettwick Result: Nicole’s client was charged with Domestic Assault after an incident occurring in Anoka County. Nicole interviewed witnesses, disclosed evidence to the prosecutor, and prepared for trial. After reviewing Nicole’s information, the State decided to outright dismiss the case.
- [What to expect at a first court appearance](https://bkdefense.com/what-to-expect-at-a-first-court-appearance/) - What is a first appearance? A first appearance is where the court informs the person being accused of the charge(s) against them, what the person’s rights are, and it is the first time the person being accused may enter a plea of either guilty or not guilty. This is also when the court sets bail
- [Confiscating snowmobile used in burglary](https://bkdefense.com/confiscating-snowmobile-used-in-burglary/) - Minnesota is known for its brutal winters. During the winter, it becomes increasingly difficult to travel from one place to another. Like many Minnesotans, you might look to alternative means of transportation during the frigid winter months. Snowmobiles often become the vehicle of choice to navigate Minnesota’s frozen tundra. Snowmobiles are primarily used recreationally, but
- [Can the police search my phone if they think I am texting and driving?](https://bkdefense.com/can-the-police-search-my-phone-if-they-think-i-am-texting-and-driving/) - First of all, is texting while driving illegal? Yes. According to Minnesota Statute §169.475 Subd. 2 when a vehicle is in motion or part of traffic, the person operating the vehicle upon a street or highway is prohibited from using a wireless communications device to compose, send, or read an electronic message. In addition to
- [Is it legal for the police to slash tires during protests](https://bkdefense.com/is-it-legal-for-the-police-to-slash-tires-during-protests/) - Did Anoka County deputies and State Patrol troopers really slash tires on parked vehicles during the Black Lives Matter protests? Yes, they really did! There are at least two incidences of officers using knives to deflate car tires during the Minneapolis protests. The first was on May 30, 2020 in the Kmart parking lot at
- [Am I Required to Wear a Mask During the COVID-19 Pandemic?](https://bkdefense.com/am-i-required-to-wear-a-mask-during-the-covid-19-pandemic/) - The outbreak of COVID-19 has changed everyday life in many ways. Both federal and state governments have released guidelines and orders to help slow the outbreak of the Coronavirus. Although there isn’t a federal requirement to wear masks in public, some state governments and businesses have required citizens and patrons to use face masks. Has
- [The Categories of Juvenile Offenders](https://bkdefense.com/the-categories-of-juvenile-offenders/) - The Juvenile Justice System covers children under the age of 18 in Minnesota. Unlike adult courts, juvenile proceedings are civil proceedings so that the child is protected from the consequences of his or her own conduct. The goal of the Juvenile Justice System is to help children develop responsibility for their unlawful behavior and rehabilitate
- [What is the Innocent Owner Forfeiture Defense?](https://bkdefense.com/what-is-the-innocent-owner-forfeiture-defense/) - Vehicle forfeiture occurs when a vehicle is used to commit a criminal act, such as driving while intoxicated (DWI). According to Minnesota Statute § 169A.63, in certain DWI cases, the police have the authority to seize and forfeit the vehicle used to commit the criminal act. If the owner does not recover their vehicle, the
- [Mike Helps his Client Avoid Charges During Preliminary Investigations](https://bkdefense.com/mike-helps-his-client-avoid-charges-during-preliminary-investigations-2/) - Date: April 2020 Case: Allegations of Criminal Sexual Conduct Attorney: Michael J. Brandt Result: Mike’s client was being accused of inappropriate sexual contact with an adult acquaintance. Mike conducted an independent investigation and accumulated numerous documents showing that the allegations were untrue. Mike also obtained photos, text messages, and witness statements regarding the truthfulness of the alleged victim as well as his client’s character. Mike provided all of this information to the prosecutor and when the matter was reviewed by the County Attorney, they declined to issue charges.
- [What is a stay-at-home order?](https://bkdefense.com/what-is-a-stay-at-home-order/) - A stay-at-home order is an order from a government authority to restrict movements of a population as a mass quarantine strategy for suppressing, or mitigating a pandemic, by ordering residents to stay home except for essential tasks or to work in essential businesses. Basically, this means that the government is attempting to “flatten the curve”
- [Do Not Disturb: Can the Police Require a Hotel to Show Them Who is Staying There?](https://bkdefense.com/do-not-disturb-can-the-police-require-a-hotel-to-show-them-who-is-staying-there/) - Most people know that police cannot just enter and search their homes for no reason – but what about hotels? The guest does not own the room where they are staying, but most people assume that they have a right to privacy if they paid for an individual room. But where is the line? Can
- [What “Sexual Contact” Means in Minnesota’s Criminal Sexual Conduct Statutes](https://bkdefense.com/what-sexual-contact-means-in-minnesotas-criminal-sexual-conduct-statutes/) - In Minnesota, Criminal Sexual Conduct statutes are long and have many subdivisions. Click on the hyperlinks on our website to see the specific statute’s language and related blogs. For 2nd Degree and 4th Degree Criminal Sexual Conduct, sexual contact can mean different things. Trying to understand what actions fall under the definition of “sexual contact”
- [Join Our Team](https://bkdefense.com/join-our-team/) - We pride ourselves on our high standards for client service as we are a law firm dedicated to helping people through their legal struggles with compassion, integrity, professionalism, and respect. If you are looking for a great opportunity to join a growing and collaborative firm with an excellent reputation and nearly 8 decades of combined
- [What “Sexual Penetration” Means in Minnesota’s Criminal Sexual Conduct Statutes](https://bkdefense.com/what-sexual-penetration-means-in-minnesotas-criminal-sexual-conduct-statutes/) - In Minnesota, Criminal Sexual Conduct statutes are long and have many subdivisions. Click on the hyperlinks on our website to see the specific statute’s language and related blogs. If an accused person commits any of the following acts without the accuser’s consent, whether or not the emission of semen occurs, the accused person has engaged
- [Minnesota Second Chance Coalition’s Annual Rally – Proposals for Change in Minnesota’s Criminal Justice System](https://bkdefense.com/minnesota-second-chance-coalitions-annual-rally-proposals-for-change-in-minnesotas-criminal-justice-system/) - The Minnesota Second Chance Coalition held its annual rally at the state capitol in St. Paul, Minnesota, on February 19, 2020. The Minnesota Second Chance Coalition is calling for changes in Minnesota’s criminal justice system and is optimistic that some of the proposals they are promoting will become laws this year. One of those proposals
- [St. Paul Police Redirect Low Priority Incidents to Online Reporting](https://bkdefense.com/st-paul-police-redirect-low-priority-incidents-to-online-reporting/) - The Emergency Communications Center will no longer send officers to low priority incidents to ensure officers are available to respond to high priority crimes. Instead, callers wishing to report certain types of incidents will be redirected to report online or referred to teleserve. There are nine types of incidents that emergency services will ask callers
- [Client Avoids Conviction on Driving After Cancellation](https://bkdefense.com/client-avoids-conviction-on-driving-after-cancellation/) - Date: February 2020 Case: GM Driving After Cancellation Attorney: Michael J. Brandt Result: Mike’s client was charged with a Gross Misdemeanor Driving After Cancellation stemming from an incident occurring in Hennepin County from November 2019. Mike negotiated what is called a Stay of Adjudication, despite his client's lengthy driving record. This means that his client did not lose their license, no conviction was entered, and after his client successfully completes 2 years of probation, the charge will be dismissed.
- [Misdemeanor Trespass Reduced to Petty Misdemeanor](https://bkdefense.com/misdemeanor-trespass-reduced-to-petty-misdemeanor/) - Date: February 2020 Case: Trespass Attorney: Nicole Kettwick Result: Nicole Kettwick’s client faced criminal charges after an incident where a hotel called police after her client refused to leave their hotel. Nicole negotiated a favorable resolution where her client received a Petty Misdemeanor Trespass. This resolution allows Nicole’s client to avoid a criminal conviction on his record and probation.
- [Can I go to Canada if I Have a Criminal Record in Minnesota?](https://bkdefense.com/can-i-go-to-canada-if-i-have-a-criminal-record-in-minnesota/) - Under Canadian Immigration Law, if a non-Canadian citizen has a criminal record, he or she may be denied entry to Canada or otherwise said to be “criminally inadmissible.” The United States Federal Bureau of Investigation (FBI) criminal database and the Royal Canadian Mounted Police (RCMP) crime database are synced, allowing the Canada border to quickly
- [I got a DWI and my car was forfeited, if I get ignition interlock can I get my car back?](https://bkdefense.com/i-got-a-dwi-and-my-car-was-forfeited-if-i-get-ignition-interlock-can-i-get-my-car-back/) - Under Minnesota Law, being charged with a DWI can result in multiple legal penalties, including drivers license revocation and vehicle forfeiture. However, there is a statutory exception that provides for a release of your vehicle with enrollment in the ignition interlock program. What steps must be taken before the vehicle will be released? Before getting
- [Danielle C. Peden](https://bkdefense.com/danielle-c-peden-profile/)
- [Michael J. Brandt](https://bkdefense.com/michael-j-brandt-profile/)
- [Nicole A. Kettwick](https://bkdefense.com/nicole-a-kettwick-profile/)
- [Mike Helps his Client Avoid Charges During Preliminary Investigations](https://bkdefense.com/mike-helps-his-client-avoid-charges-during-preliminary-investigations/) - Date: January 2020 Case: Allegations of Criminal Sexual Conduct Attorney: Michael J. Brandt Result: Mike’s client was being accused of inappropriate sexual contact with his daughter. Mike conducted an independent investigation and accumulated numerous documents showing that the mother of the child had malicious reasons for trying to make up the allegations. Mike also received information regarding the truthfulness of the child as well as his client’s character. Mike provided all of this information to the Investigator and when the matter was reviewed by the County Attorney, they declined to issue charges.
- [How to Prepare for Jail](https://bkdefense.com/how-to-prepare-for-jail/) - It can be nerve wracking to know you are heading to jail, but preparation can help ease the anxiety. First, it is helpful to understand the difference between jail and prison. Prisons are operated by the state or federal government and hold people convicted with sentences of over one year. Jails are operated by local
- [Client Avoids a Conviction for Criminal Vehicular Operation](https://bkdefense.com/client-avoids-a-conviction-for-criminal-vehicular-operation/) - Date: January 2020 Case: GM Criminal Vehicular Operation Attorney: Michael J. Brandt Result: Mike’s client was charged with a Gross Misdemeanor Criminal Vehicular Operation for an incident occurring in Anoka County in August 2019. Mike negotiated a Stay of Adjudication for his client. This means that no conviction was entered and after the client successfully completes 2 years of probation, the charge will be dismissed.
- [Client Avoid Prison on 8th DWI Conviction](https://bkdefense.com/client-avoid-prison-on-8th-dwi-conviction/) - Date: January 2020 Case: Felony DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with a Felony DWI after an incident occurring in Hennepin County in July 2019. This was the client's 8th DWI which called for nearly 6 years in prison and the loss of the client's vehicle. Mike first negotiated a return of the client's vehicle for a nominal fee. In the criminal case, Mike raised an issue regarding the propriety of the arrest of his client. This caused the prosecutor to agree to a negotiation where Mike's client did not go to prison but rather was placed on probation and required to serve jail time and house arrest.
- [My daughter was charged with a crime in juvenile court – will the record be public?](https://bkdefense.com/my-daughter-was-charged-with-a-crime-in-juvenile-court-will-the-record-be-public/) - If your child has been charged with a criminal offense in juvenile court, there can be a lot to worry about. While criminal charges are enough to deal with alone, there may be additional ramifications from public access to criminal records. If a 16 or 17-year-old juvenile offender is charged with a felony offense, court
- [Client Avoids Conviction with Nicole Kettwick’s Assistance](https://bkdefense.com/client-avoids-conviction-with-nicole-kettwicks-assistance/) - Date: January 2020 Case: Disorderly Conduct and Obstructing Legal Process Attorney: Nicole Kettwick Result: Nicole Kettwick’s client was charged with Disorderly Conduct and Obstructing Legal Process after an incident occurring in Scott County. Nicole was able to negotiate a Stay of Adjudication which means, after one year of probation, assuming there are no violations, the case will be dismissed. This resolution allows Nicole’s client to avoid a conviction on his record.
- [Revenge Porn Laws vs. First Amendment Challenges](https://bkdefense.com/revenge-porn-laws-vs-first-amendment-challenges/) - Forty-six states and the District of Columbia have passed revenge porn laws, but courts are increasingly considering the constitutionality of the statutes on First Amendment grounds. However, there is little cohesion among state revenge porn laws. Two recent cases in Illinois and Texas, People v. Austin and Ex Parte Jordan Bartlett Jones, have challenged revenge
- [What Are My Rights When Speaking to the Police?](https://bkdefense.com/what-are-my-rights-when-speaking-to-the-police/) - Though no one believes they will ever be arrested nor wants to be stopped by the police, it happens. If and when it does, it is important to know your rights and what to say or what not to say when a police officer approaches you. First, always remain calm and cooperate – don’t try
- [Conceal and Carry Laws in Churches in Minnesota](https://bkdefense.com/conceal-and-carry-laws-in-churches-in-minnesota/) - On December 30, 2019, in White Settlement, Texas, a gunman walked into a church and opened fire, killing two people. Seconds after the shooting began, the church’s head of security fatally shot the gunman and the incident was over. The shooting raised questions about the intersection of the law between the right to carry, the
- [Nicole Kettwick Interviewed by KARE 11](https://bkdefense.com/nicole-kettwick-interviewed-by-kare-11/) - On December 30, 2019, KARE 11 interviewed Nicole Kettwick on their nightly broadcast regarding the shooting at West Freeway Church of Christ in White Settlement, Texas. The shooting raised questions regarding the right to carry in places of worship. KARE 11 contacted Nicole to help explain the intersection in the law between the right to
- [Dani Peden at 2019 Anoka County Law Day](https://bkdefense.com/dani-peden-at-2019-anoka-county-law-day/) - Attorney Dani Peden volunteered at the Expungement Clinic for the 2019 Anoka County Law Day where over dozens of people received free advice on how to seal past legal issues.
- [Presenting at the 54th Annual Criminal Justice Institute](https://bkdefense.com/presenting-at-the-54th-annual-criminal-justice-institute/) - At the 54th annual Criminal Justice Institute, attorney Dani Peden presented on forfeitures, while attorney Mike Brandt presented on mastering impeachment, hearsay, and character evidence.
- [Change to DWI Laws for Recreational Vehicles](https://bkdefense.com/change-to-dwi-laws-for-recreational-vehicles/) - With winter temperatures and snow accumulating across the state of Minnesota, snowmobile and ice fishing season is underway. Getting a DWI can affect both your driver’s license and your ability to lawfully operate a recreational vehicle, such as a snowmobile, but also an ATV or boat. While driving under the influence of alcohol (DWI) has
- [Client Avoids Felony Theft Conviction](https://bkdefense.com/client-avoids-felony-theft-conviction/) - Date: December 2019 Case: Theft Attorney: Michael Brandt Result: Mike’s client was charged with felony theft. Mike was able to negotiate with the Anoka County Prosecutor a Stay of Adjudication. Meaning if the client is able to refrain from any further criminal activity the charge will be dismissed. This will allow his client to avoid having a conviction on his record.
- [Client Avoids Hit & Run Conviction](https://bkdefense.com/client-avoids-hit-run-conviction/) - Date: December 2019 Case: Hit & Run Attorney: Nicole A. Kettwick Result: Nicole’s client was charged with leaving the scene of an accident. Nicole was able to negotiate with the Hennepin County Prosecutor a Stay of Adjudication. Meaning if the client is able to refrain from any further criminal activity the charge will be dismissed. This will allow her client to avoid a conviction.
- [Is it Legal to Possess Pornographic Materials?](https://bkdefense.com/is-it-legal-to-possess-pornographic-materials/) - There is a lot of information about pornography on the internet and the explosion of pornographic materials. A question often comes up as to what is legal and what is not legal when it comes to pornography. Possession of pornographic materials isn’t necessarily illegal, yet the law does regulate “obscene materials.” Depending on what is
- [What is the difference between an Order for Protection and a Harassment Restraining Order?](https://bkdefense.com/what-is-the-difference-between-an-order-for-protection-and-a-harassment-restraining-order/) - An Order for Protection (OFP) is a form of restraining order that is sought where abuse or threats of abuse are alleged. The requirements for an OFP are actual physical harm; threat of physical harm; interference with a 911 call; forced sexual contact; or any sexual contact if the person needing protection is a minor.
- [Client Avoids Prison Sentence with Mike Brandt’s Assistance](https://bkdefense.com/client-avoids-prison-sentence-with-mike-brandts-assistance/) - Date: November 2019 Case: Felony Fifth Degree Controlled Substance & Fourth Degree DWI Attorney: Michael J. Brandt Result: Mike Brandt’s client was charged with two counts of Felony Fifth Degree Controlled Substance Possession and two counts of Misdemeanor DWI after an incident occurring in Hennepin County. Plea negotiations resulted in avoiding a 19-month prison commit. Specifically, Mike was able to negotiate an agreement that stayed the 19-month prison sentence and Mike’s client spent no further time in jail, notwithstanding this was his client’s fifth felony drug conviction. Mike also successfully negotiated a return of his client’s vehicle that was forfeited in this case.
- [Restoration of Gun Rights in MN: Crimes of Violence](https://bkdefense.com/restoration-of-gun-rights-in-mn-crimes-of-violence/) - With hunting season underway, it is important to understand how past convictions could affect your gun rights. In Minnesota, a person convicted of a crime of violence cannot possess firearms. Minnesota Statute § 609.165, Subd. 1a says certain convicted felons are ineligible to possess firearms or ammunition. The statute explains, “that a person who has
- [Hands-Free Driving](https://bkdefense.com/hands-free-driving/) - On August 1, 2019, a new hands-free driving law went into effect in Minnesota. In general, this law prohibits the use of handheld cell phones while driving. Minnesota has joined 16 other states and Washington D.C. in banning handhold cellphone use while driving. What Can I Do Under the New Law? The new law allows
- [Client Avoids Terroristic Threats Conviction](https://bkdefense.com/client-avoids-terroristic-threats-conviction/) - Date: November 2019 Case: Terroristic Threats/Dangerous Weapon Attorney: Michael J. Brandt Result: Mike Brandt’s client was arrested in possession of an illegal assault weapon. After speaking with the Carver County Prosecutor, Mike was able to assist his client with getting a Stay of Adjudication. Meaning that if the client is able to refrain from any further criminal activity the charge will be dismissed. This will allow his client to avoid a conviction.
- [If you or someone you know is planning on “Tricks” rather than “Treats” this Halloween season, you may want to reconsider](https://bkdefense.com/if-you-or-someone-you-know-is-planning-on-tricks-rather-than-treats-this-halloween-season-you-may-want-to-reconsider/) - If your Halloween plans include pulling what you consider to be a harmless prank, you may be unintentionally damaging property. Even if you simply intended to pull a prank, the Law is only concerned with whether the property was damaged. Criminal damage to property is a general intent crime, meaning that it is irrelevant whether
- [What is Restitution and What is Included?](https://bkdefense.com/what-is-restitution-and-what-is-included/) - The right to restitution is outlined by Minnesota Statute § 611A.04, which says that “a victim of a crime has the right to receive restitution as part of the disposition of a criminal charge or juvenile delinquency proceeding against the offender if the offender is convicted or found delinquent.” The goal of restitution is to
- [Stalking by telephone legality heard by Minnesota Court of Appeals](https://bkdefense.com/stalking-by-telephone-legality-heard-by-minnesota-court-of-appeals/) - The legality of Minn. Stat. § 609.749.2(4) (Stalking by Telephone) was recently decided by the Minnesota Court of Appeals. The case arose from a conflict beginning in 2016 between a Minnesota man and the Rice County Sherriff’s Office. The Defendant in the case was upset about a former interaction with the Sheriff and began calling
- [Marijuana vs. Hemp – What’s Legal and What’s Not](https://bkdefense.com/marijuana-vs-hemp-whats-legal-and-whats-not/) - In Minnesota, it’s illegal to possess marijuana, but not hemp. So what’s the difference? Basically, both hemp and marijuana come from cannabis plants. Hemp is marijuana with low-levels of THC, which is tetrahydrocannabinol, the main psychoactive part of the cannabis plant. In Minnesota, hemp is cannabis with a THC concentration at or below 0.3 percent
- [Mike Brandt Helps Client Avoid a Felony Drug Conviction](https://bkdefense.com/mike-brandt-helps-client-avoid-a-felony-drug-conviction/) - Date: August 2019 Case: Felony Controlled Substance & Gross Misdemeanor DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with a Felony Controlled Substance Possession and a Gross Misdemeanor DWI after an incident occurring in Anoka County. With great attention to detail, Mike was able to negotiate an agreement that resulted in a Misdemeanor DWI conviction with no jail time and only one year of unsupervised probation for his client.
- [Mike Brandt Helps Client Get a Ticket for Serious Speed Reduced](https://bkdefense.com/mike-brandt-helps-client-get-a-ticket-for-serious-speed-reduced/) - Date: August 2019 Case: Serious Speed (89/55) Attorney: Michael J. Brandt Result: Mike’s client was charged with a serious speeding (15 or more over) offense after allegedly traveling at 89 mph in a 55 mph zone. Mike was able to negotiate a plea agreement, prior to court, reducing the charged speed to 69 in a 55. This allowed the client to avoid a serious speeding offense on their record.
- [Gross Misdemeanor DWI Results in No Jail Time for Mike Brandt’s Client](https://bkdefense.com/gross-misdemeanor-dwi-results-in-no-jail-time-for-mike-brandts-client-2/) - Date: August 2019 Case: Gross Misdemeanor DWI Attorney: Michael J. Brandt Result: Mike’s client was charged with two counts of Gross Misdemeanor DWI after an incident occurring in Sherburne County. The client plead to one count and the other count was dismissed. In addition, Mike was able to negotiate a resolution resulting in community work service rather than jail time for his client.
- [Mike Brandt Helps Client Avoid Additional Jail Time on a Probation Violation](https://bkdefense.com/mike-brandt-helps-client-avoid-additional-jail-time-on-a-probation-violation/) - Date: August 2019 Case: Probation Violation on Fourth Degree DWI Offense Attorney: Michael J. Brandt Result: Mike’s client was alleged to have violated his conditions of probation and was brought back before the Court. The client was facing up to 90 days in jail, but Mike was able to negotiate an agreement that resulted in no additional jail time and no extension of the client’s probationary period.
- [THC vs. CBD: What Does This Mean Legally?](https://bkdefense.com/thc-vs-cbd-what-does-this-mean-legally/) - Over the last few years, there have been news reports about the benefits of CBD. Some people think this is a form of “marijuana” or “THC” oil. It is not; here is the difference. CBD stands for cannabidiol. THC stands for tetrahydrocannaboil. Both of these are two natural compounds found in cannabis plants. The defining
- [Nicole A. Kettwick’s Client Avoids Aggravated Robbery-1st Degree Conviction](https://bkdefense.com/nicole-a-kettwicks-client-avoids-aggravated-robbery-1st-degree-conviction/) - Date: August 2019 Case: Aggravated Robbery-2nd Degree and Aggravated Robbery-1st Degree Attorney: Nicole A. Kettwick Result: Nicole A. Kettwick’s client was charged with Aggravated Robbery-2nd Degree and Aggravated Robbery-1st Degree after an incident involving allegations of Robbery at gunpoint. Nicole was able to get the 2nd Degree charge amended to Aiding and Abetting Aggravated Robbery-2nd Degree and the Aggravated Robbery-1st Degree charge Dismissed. This allowed Nicole’s client to avoid a prison sentence.
- [Quick 2019 DWI Law Update](https://bkdefense.com/quick-2019-dwi-law-update/) - Effective as of August 1, 2019, a few changes have been applied to the DWI statute. The law has historically been that a person who violates §169A.20, the DWI statute, is guilty of a first-degree DWI if that person: (1) commits the violation within ten years of the first of three-or-more prior DWI incidents; (2)
- [New Criminal Laws Taking Effect](https://bkdefense.com/new-criminal-laws-taking-effect/) - As of August 1, 2019, a handful of new criminal laws went into effect in Minnesota. Below is a shortlist to keep you in the loop: Hands Free: Holding your phone while driving is a crime, unless required for obtaining emergency assistance, if there is a threat to life and safety, or in an authorized
- [Nicole Kettwick’s client get no jail time for Felony Threats of Violence charge](https://bkdefense.com/nicole-kettwicks-client-get-no-jail-time-for-felony-threats-of-violence-charge/) - Date: August 2019 City/County: Duluth, St. Louis County Charges: Felony Threats of Violence and Tampering with a Witness Result: Nicole was able to negotiate her client’s Felony charge to an amended Gross Misdemeanor Stalking offense and the client received a Stay of Adjudication. This means that after her client finishes probation, all charges will be dismissed.
- [Mike Brandt’s client avoids Gross Misdemeanor DWI conviction](https://bkdefense.com/mike-brandts-client-avoids-gross-misdemeanor-dwi-conviction/) - Date: July 2019 City/County: Duluth, St. Louis County Charges: Third Degree DWI Result: Mike’s client was pulled over for driving misconduct and charged with Third Degree DWI after blowing two-times over the legal limit. Mike was able to negotiate the charge being reduced to a Fourth Degree, misdemeanor DWI along with no jail time and only one year of unsupervised probation.
- [Sexual Assault allegations result in no charges for Mike Brandt’s client](https://bkdefense.com/sexual-assault-allegations-result-in-no-charges-for-mike-brandts-client/) - Date: July 2019 City/County: Edina, Hennepin County Result: Mike’s client was being investigated for allegedly sexual assaulting an ex-girlfriend. After being hired on a preliminary basis, Mike made contact with the police department and county attorney’s office to gather information regarding their investigation. Ultimately, no charges were filed.
- [Mike Brandt’s client avoids DWI conviction](https://bkdefense.com/mike-brandts-client-avoids-dwi-conviction/) - Date: July 2019 City/County: Champlin, Hennepin County Charges: Fourth Degree DWI Result: Mike’s client was arrested for DWI. With Mike’s help, he was able to get the DWI amended to a Careless Driving. This means that he does not have a DWI conviction on his record and does not lose his driver’s license.
- [Nicole Kettwick gets Continuance for Dismissal](https://bkdefense.com/nicole-kettwick-gets-continuance-for-dismissal/) - Date: July 2019 City/County: Coon Rapids, Anoka County Charges: No Driver’s License & Failure to Obey a Traffic Signal Result: Nicole’s client was pulled over for a traffic infraction and cited for Failure to Obey a Traffic Signal and having No Driver’s License in Possession. She was able to get the No Driver’s License charge dropped and negotiate a Continuance for Dismissal on the Failure to Obey a Traffic Signal. This means that as long as Nicole’s client does not have any similar charges within the next year, all the charges will be dismissed.
- [Roadblocks - what’s the hold up?](https://bkdefense.com/roadblocks-whats-the-hold-up/) - Nationally, roadblocks are legal. The United State Supreme Court ruled that it is not unconstitutional for a roadblock to check for sobriety or to ask questions to the general public in response to a crime. However, temporary roadblocks to stop cars and investigate a larger number of drivers in the hope of discovering alcohol-impaired driving
- [What Happens If I Don’t Register As A Predatory Offender?](https://bkdefense.com/what-happens-if-i-dont-register-as-a-predatory-offender/) - Those required to register as predatory offenders must provide, among other personal information, their primary and secondary addresses, and any vehicles they own or regularly drive. All information must remain up to date; by not updating, one is deemed “non-compliant.” If a person fails to comply with the registration requirements, information about the offender may
- [Congratulations to Mike Brandt and Nicole Kettwick](https://bkdefense.com/congratulations-to-mike-brandt-and-nicole-kettwick/) - Congratulations to Mike Brandt: named a Top 100 Minnesota Super Lawyer for the 5th year in a row, and a Super Lawyer for the 17th year in a row, Nicole Kettwick: named a Minnesota Rising Star for the 6th year in a row.
- [Nicole A. Kettwick Negotiates Dismissal of Harassment Restraining Order](https://bkdefense.com/nicole-a-kettwick-negotiates-dismissal-of-harassment-restraining-order/) - Date: July 2019 Case: Harassment Restraining Order Attorney: Nicole A. Kettwick Result: A Harassment Restraining Order was filed against Nicole’s client alleging inappropriate sexual contact. Nicole was able to negotiate a resolution which allowed for the dismissal of the Harassment Restraining Order. This helped Nicole’s client avoid an evidentiary hearing.
- [I was prescribed medications – am I at risk of losing my driving privileges?](https://bkdefense.com/i-was-prescribed-medications-am-i-at-risk-of-losing-my-driving-privileges/) - The short answer is no, not unless “impaired” driving can be proven. According to Minnesota Statute 169A.53 subd. 3(i), relating to license revocation, if you are lawfully prescribed medications from a healthcare professional, an affirmative defense to the implied consent law is established. This means that the presence of a substance I or II controlled
- [Diversion given to Mike Brandt’s client on Felony Controlled Substance Charge](https://bkdefense.com/diversion-given-to-mike-brandts-client-on-felony-controlled-substance-charge/) - Date: July 2019 City/County: City of Coon Rapids, Anoka County Charges: Fifth Degree Controlled Substance Result: Mike’s client was charged with Felony Controlled Substance. Mike was able to negotiate with the State and enter his client into their Diversion Program. His client’s charges will be dismissed after successfully completing the program. Mike also negotiated a buyback for his client’s forfeited vehicle.
- [Client Avoids Drug Charge](https://bkdefense.com/client-avoids-drug-charge/) - Date: June 2019 Case: 5th Degree Drugs Attorney: Nicole Kettwick Result: Nicole Kettwick’s client was arrested in possession of a felony-level amount of drugs. After speaking with the Hennepin County Prosecutor, Nicole was able to assist her client with getting into the Pre-Charge Diversion Program. This allowed her client to avoid a conviction and even formal charges.
- [Juvenile Assault Charges Dismissed for Nicole Kettwick’s Client](https://bkdefense.com/juvenile-assault-charges-dismissed-for-nicole-kettwicks-client/) - Date: June, 2019 Attorney: Nicole Kettwick City/County: Oakdale, Washington County Charge: Juvenile Fifth Degree Assault Result: Nicole successfully negotiated a Stay of Adjudication for her client, meaning that upon effectively completing probation, the judge would dismiss the charges. After six months on probation, the judge granted an early discharge of probation and dismissed Nicole’s client’s case.
- [I was told to snitch to drop my charges, should I comply?](https://bkdefense.com/i-was-told-to-snitch-to-drop-my-charges-should-i-comply/) - You were recently pulled over for a minor traffic violation. The officer walked up to your vehicle, stated they smelled the odor of marijuana and asked if you had been smoking. You responded that you hadn’t. The officer asked if you have any marijuana on you and you again responded in the negative. The officer
- [Mike Brandt Featured in Mother Jones Article](https://bkdefense.com/mike-brandt-featured-in-mother-jones-article/) - A writer with Mother Jones contacted Mike Brandt seeking his opinion on criminal law and the statute of limitations in regards to a “cold case” in Minnesota. Mike provided background information regarding the statute of limitations, the Minnesota Sentencing Guidelines, and how it applied to the case being prosecuted in Minnesota. For more information on
- [Nicole Kettwick Successfully Receives a Case Dismissal for Her Client](https://bkdefense.com/nicole-kettwick-successfully-receives-a-case-dismissal-for-her-client/) - Date: June 2019 Attorney: Nicole Kettwick Charge: Assault and Disorderly Conduct Result: Nicole’s client was charged with a Fifth Degree Assault and disorderly conduct. The case was set to go to trial at the end of June. In preparation for trial, Nicole had been in communication with the Prosecutor’s Office and was prepared to argue a case of self-defense and reasonable force. Four days before trial, the Prosecutor’s Office informed Nicole and her client that they would no longer be pursuing a conviction and were dismissing their case for reasons of insufficient evidence. Because of Nicole’s persistence and trial preparation, she was able to get all charges dismissed.
- [What is a Speedy Trial and is it My Right?](https://bkdefense.com/what-is-a-speedy-trial-and-is-it-my-right/) - One’s right to a speedy trial is guaranteed under both the United States Constitution (VI amendment) and the Minnesota Constitution (Article I, Section 6). In Minnesota, defendants hold the right to request a speedy trial. Once a plea other than “guilty” is entered and the demand for a speedy trial is made by a defendant
- [Is it a crime for a cop to do nothing?](https://bkdefense.com/is-it-a-crime-for-a-cop-to-do-nothing/) - A police officer is someone who is supposed to protect people and keep communities safe. But during the Parkland, Florida school shooting in 2018 the school resource officer, Scot Peterson, stood outside the school not doing enough to mitigate the situation, according to prosecutors in Florida. Meanwhile, innocent students lost their lives inside. However, Mr.
- [Mike Brandt’s client gets Stay of Adjudication on Juvenile Sex Offense](https://bkdefense.com/mike-brandts-client-gets-stay-of-adjudication-on-juvenile-sex-offense/) - Date: June 2019 City/County: City of Shoreview, Anoka County Charges: Juvenile Fifth Degree Criminal Sexual Conduct Result: After Mike Brandt’s client completes 180 days of probation, the charges against him will be dismissed.
- [Careless Driving charge dropped to Petty Misdemeanor for Mike Brandt’s client](https://bkdefense.com/careless-driving-charge-dropped-to-petty-misdemeanor-for-mike-brandts-client/) - Date: June 2019 City/County: City of Brooklyn Center, Hennepin County Charges: Misdemeanor Careless Driving and Duty to Drive with Due Care Result: After a Court Trial, Mike Brandt’s client got both charges dropped down to one count of Petty Misdemeanor Careless Driving. This means that his client kept his clean criminal record and will not lose his driver’s license.
- [Mike Brandt’s involvement in preliminary prostitution investigation results in no charges](https://bkdefense.com/mike-brandts-involvement-in-preliminary-prostitution-investigation-results-in-no-charges/) - Date: June 2019 City/County: City of Waite Park, Stearns County Result: Mike’s client was being investigated for allegedly engaging in prostitution. Mike communicated with the investigator multiple times and his client was never charged.
- [Preliminary investigation into serious assault allegations leads to no charges for Mike Brandt’s client](https://bkdefense.com/preliminary-investigation-into-serious-assault-allegations-leads-to-no-charges-for-mike-brandts-client/) - Date: June 2019 City/County: City of Forest Lake, Washington County Result: Mike Brandt’s client was being investigated for a felony level assault. Mike was hired on a preliminary basis and immediately went to work by conducting his own investigation. As a result of his investigation, his client was never charged with any level of assault.
- [Stalking allegation results in no charges for Mike Brandt’s client](https://bkdefense.com/stalking-allegation-results-in-no-charges-for-mike-brandts-client/) - Date: June 2019 City/County: City of St. Louis Park, Hennepin County Result: Mike’s client was accused of stalking. After being hired on a preliminary basis, Mike conducted his own investigation and communicated with the police department and city prosecutor’s office. Ultimately, no charges were brought forth.
- [It was self-defense...or was it?](https://bkdefense.com/it-was-self-defense-or-was-it/) - Some states have a “stand your ground” law, which means that a person does not need to back down from an attacker before they can use deadly force. Minnesota has something different, called a “duty to retreat” rule, which means that the person must back away from the confrontation if it is possible and backing
- [What is the Double Jeopardy exception?](https://bkdefense.com/what-is-the-double-jeopardy-exception/) - Under the Fifth Amendment to the US Constitution and under the Minnesota Constitution, the Double Jeopardy Clause prohibits a person from being prosecuted twice for the same crime by stating, “No person shall…be subject for the same offense to be twice put in jeopardy of life or limb…” This constitutional provision prevents the government from
- [Domestic Assault charge continued for dismissal and drug charge dropped for Mike Brandt's client](https://bkdefense.com/domestic-assault-charge-continued-for-dismissal-and-drug-charge-dropped-for-mike-brandts-client/) - Date: May 2019 City/County: City of Ramsey, Anoka County Charge: Domestic Assault and Possession of Marijuana Result: Domestic Assault charge continued for dismissal. This means that after Mike’s client completes six months of probation, the charge will be dismissed. Possession of Marijuana dismissed.
- [Mike Brandt gets test refusal charge dropped for client](https://bkdefense.com/mike-brandt-gets-test-refusal-charge-dropped-for-client/) - Date: May 2019 City/County: City of Coon Rapids, Anoka County Charge: Third Degree Test Refusal Result: Test Refusal charge dropped to Careless Driving and one-year unsupervised probation.
- [The Cops Didn’t See Me Driving – Can I Still Get a DWI?](https://bkdefense.com/the-cops-didnt-see-me-driving-can-i-still-get-a-dwi/) - This question is similar to the age-old philosophical query "if a tree falls in a forest and no one is around to hear it, does it make a sound?" But in order to get a DWI, someone would have to see you do something. For example, a citizen bystander could report your driving to the
- [Theft charge reduced to disorderly conduct for Nicole Kettwick's client](https://bkdefense.com/theft-charge-reduced-to-disorderly-conduct-for-nicole-kettwicks-client/) - Charges: Theft by Swindle Attorney: Nicole Kettwick Date: May 2019 Result: After working together with her client to collect letters summarizing her client’s mental diagnoses and challenges, Nicole was able to come to an agreement with the prosecutor to amend the charge to Disorderly Conduct with a Stay of Adjudication, 6 months of unsupervised probation, and a minimal fine. The Disorderly Conduct Charge will be Dismissed if she remains law-abiding for the next 6 months.
- [Continuance for dismissal on domestic assault charges for Nicole Kettwick's client](https://bkdefense.com/continuance-for-dismissal-on-domestic-assault-charges-for-nicole-kettwicks-client/) - Charges: Domestic Assault Attorney: Nicole Kettwick Date: May 2019 Result: Nicole not only convinced the Judge to dismiss the DANCO against her client while the case was pending, she obtained a Continuance for Dismissal on her client’s case. This means that as long as her client does not get any new charges in the next year, the charges against her will be Dismissed.
- [Nicole Kettwick's client receives reduced criminal sexual conduct charge to misdemeanor disorderly conduct](https://bkdefense.com/nicole-kettwicks-client-receives-reduce-criminal-sexual-conduct-charge-to-misdemeanor-disorderly-conduct/) - Charges: Fifth Degree Criminal Sexual Conduct Attorney: Nicole Kettwick Date: May 2019 Result: Criminal Sexual Conduct charges reduced to misdemeanor disorderly conduct. Nicole’s client was charged in the city of St. Paul in Ramsey County. After negotiating with the prosecutor, Nicole was able to convince the prosecutor to amend the charge to Disorderly Conduct. Nicole successfully accomplished her client’s goals of keeping Criminal Sexual Conduct off his record and not serving any jail time.
- [Mike Brandt’s client gets minimal jail time for possession of pornographic works involving a minor](https://bkdefense.com/mike-brandts-client-gets-minimal-jail-time-for-possession-of-pornographic-works-involving-a-minor/) - Date: May 2019 City/County: City of Otsego, Wright County Charges: Possessing Pornographic Works Involving a Minor Result: Mike Brandt’s client received no prison time and only 30 days in jail. Also, after five years of probation, his felony conviction will be dropped down to a misdemeanor.
- [Michael Brandt gets client's DWI charge dismissed and more](https://bkdefense.com/michael-brandt-gets-clients-dwi-charge-dismissed-and-more/) - Date: May, 2019 City/County: City of Wanamingo, Goodhue County Charge: Felony DWI and Fifth Degree Possession Result: Felony DWI charge thrown out and Stay of Imposition on Drug Possession charge, meaning after probation it will be deemed a misdemeanor.
- [When is voluntary intoxication a defense?](https://bkdefense.com/when-is-voluntary-intoxication-a-defense/) - Voluntary intoxication means that a person voluntarily decided to get intoxicated. For example, if a person goes into a bar and consumes enough alcohol to be intoxicated, that person can be said to be voluntarily intoxicated. When it comes to criminal law, voluntary intoxication can be a defense to a crime. However, this defense is
- [Will an HRO or OFP Show Up On My Record?](https://bkdefense.com/will-an-hro-or-ofp-show-up-on-my-record/) - A Harassment Restraining Order or Order for Protection is a civil filing, not a criminal case. Therefore, a HRO or OFP will not show up on someone’s criminal record. However, a violation of an OFP or HRO can result in a criminal conviction with either a guilty plea or a guilty verdict after a trial.
- [Michael Brandt Interviewed by KARE 11](https://bkdefense.com/michael-brandt-interviewed-by-kare-11/) - KARE 11 interviewed Mike Brandt on their nightly broadcast. A shooting involving a St. Paul homeowner raised questions regarding self-defense rights in Minnesota and KARE 11 contacted Mike to help explain them in layman’s terms to their viewers. He discussed Castle Doctrine and how in Minnesota, someone can use force to protect their home as
- [Nicole Kettwick succeeds in getting reduced criminal sexual conduct charge for client](https://bkdefense.com/nicole-kettwick-succeeds-in-getting-reduced-criminal-sexual-conduct-charge-for-client/) - Charge: Fifth Degree Criminal Sexual Conduct in Anoka County Attorney: Nicole A. Kettwick Date: April 2019 Result: Nicole convinced the prosecutor to charge her client with the lesser charge of Fifth Degree Criminal Sexual Conduct instead of the Third Degree Criminal Sexual Conduct charge. In doing so, Nicole achieved her client’s goal of avoiding predatory offender registration. She also helped her client avoid any jail time.
- [Mike Brandt gets DWI charge dismissed](https://bkdefense.com/mike-brandt-gets-dwi-charge-dismissed/) - Date: April 2019 City: Blaine Charge: Fourth Degree DWI Result: DWI charge dismissed. Client plead to Careless Driving and received 1 year of unsupervised probation.
- [Can the Police Take My Vehicle if I am Arrested for a Drug Offense?](https://bkdefense.com/can-the-police-take-my-vehicle-if-i-am-arrested-for-a-drug-offense/) - The short answer is yes, as well as in many other circumstances. In Minnesota, all personal property is subject to forfeiture if it was used or intended to be used to commit a designated offense. Designated offenses include a felony violation of the following: Unlawful Transfer or Sale of Recordings (Minn. Stat. § 325E.17); Unlawful
- [What is Entrapment?](https://bkdefense.com/what-is-entrapment/) - In Minnesota, citizens are protected from improper and illegal law enforcement practices. One defense to certain criminal charges is the entrapment defense. Entrapment exists where it appears law enforcement officers “lured the accused into committing an offense which he otherwise would not have committed and had no intention of committing.” See State v. Grilli, 230
- [Michael Brandt's client gets theft charged continued for dismissal](https://bkdefense.com/michael-brandts-client-gets-theft-charged-continued-for-dismissal/) - Date: April 2019 Location: Maple Grove Charge: Theft Result: Michael Brandt's client was charged with theft for shoplifting. The matter was continued for dismissal meaning charges will be dismissed with no plea. This will allow the client to have the record expunged and sealed after one year.
- [Nicole Kettwick helps client avoid jail time on burglary charge](https://bkdefense.com/nicole-kettwick-helps-client-avoid-jail-time-on-burglary-charge/) - Charges: Third Degree Burglary in Anoka County Attorney: Nicole A. Kettwick Result: Nicole achieved her client’s goals of avoiding a conviction and any jail time. Nicole obtained diversion for her client. This means she convinced the prosecutor to agree to dismiss the charge upon her client’s successful completion of probation.
- [Obstruction – What Does it Mean?](https://bkdefense.com/obstruction-what-does-it-mean/) - There has been a lot of talk in the news lately about obstruction of justice under federal law involving the President. Criminal charges under federal obstruction laws could include witness tampering, obstructing criminal investigations, or obstructing law enforcement, among other things. In Minnesota, the more commonly invoked criminal statute is a little different and typically
- [Mike Brandt gets felony drug charges dismissed and house arrest for second DWI](https://bkdefense.com/mike-brandt-gets-felony-drug-charges-dismissed-and-house-arrest-for-second-dwi/) - Date: March 2019 County: Washington Charge: Fifth Degree Controlled Substance and DWI Result: Felony drug charges dismissed. Two years of probation and house arrest on the client’s second DWI within 10 years.
- [Mike Brandt reduces client’s Duty to Drive with Due Care charge to petty misdemeanor](https://bkdefense.com/mike-brandt-reduces-clients-duty-to-drive-with-due-care-charge-to-petty-misdemeanor/) - Date: March 2019 City: Coon Rapids Charge: Duty to Drive with Due Care Result: Charge reduced to petty misdemeanor with a small fine. Client did not lose her license and was not convicted of any sort of crime.
- [Mike Brandt’s client gets Domestic Assault charge continued for dismissal](https://bkdefense.com/mike-brandts-client-gets-domestic-assault-charge-continued-for-dismissal/) - Date: March 2019 City: Blaine Charge: Domestic Assault Result: Charges continued for dismissal. The case was continued for one year at which point the charges will be dismissed as long as the client attends a one-day anger management class and a one-day parenting class. The client will also be eligible to have the records from this sealed after the one year.
- [Nicole helps client avoid conviction and jail time on drug crime charges](https://bkdefense.com/nicole-helps-client-avoid-conviction-and-jail-time-on-drug-crime-charges/) - Charges: Third Degree Possession of Controlled Substance, Two Counts of Fifth Degree Possession of Controlled Substance in Hennepin County Result: Nicole achieved her client’s goals of avoiding not only jail time, but a conviction by convincing the prosecutor to dismiss the Third Degree Possession charge and agree to a stay of adjudication on the two Fifth Degree charges. This means that while Nicole’s client pled guilty to the remaining two charges, the judge did not accept the pleas and instead placed the client on probation. Upon successful completion of probation, the charges will be dismissed.
- [Nicole's client avoids DWI charge and will have case dismissed after probation](https://bkdefense.com/nicoles-client-avoids-dwi-charge-and-will-have-case-dismissed-after-probation/) - Charges: Third Degree Test Refusal, Careless Driving, Driving after Suspension in Hennepin County Result: Not only did Nicole obtain a Stay of Adjudication on the Test Refusal for her client, but she convinced the prosecutor to dismiss the Driving after Suspension charge as well. Nicole’s client pled guilty to Careless Driving and Third Degree Test Refusal, but the judge did not accept the plea for Third Degree Test Refusal and instead sentenced concurrent probation with agreed upon conditions. Upon successful completion of probation, the case against Nicole’s client will be dismissed. Nicole achieved her client’s goal of avoiding a DWI conviction.
- [Nicole Kettwick's client avoids jail time and DWI conviction](https://bkdefense.com/nicole-kettwicks-client-avoids-jail-time-and-dwi-conviction/) - Charges: Careless Driving, Driving While Intoxicated in Hennepin County Result: Nicole negotiated a resolution where her client pled guilty to Careless Driving and the prosecutor agreed to dismiss the DWI. Nicole’s client was sentenced to one year of probation and he was allowed to complete Sentence to Service in lieu of any jail time. Nicole achieved her client’s goal of avoiding a DWI conviction and avoiding jail time.
- [My Son Got Arrested for a DWI – When Will He Be Released?](https://bkdefense.com/my-son-got-arrested-for-a-dwi-when-will-he-be-released/) - Several factors influence when someone arrested for a Driving While Impaired (DWI) will be released from jail, including the results of their breath test, the presence of aggravating factors, and the time/day of the arrest. If your son has not been arrested for a DWI within the last ten years, didn’t refuse to take a
- [Social Media and No Contact Orders](https://bkdefense.com/social-media-and-no-contact-orders/) - No contact can be ordered in a variety of forms: Domestic Abuse No Contact Order, Harassment Restraining Order, Order for Protection, and a standard No Contact Order. It can be ordered as a pretrial condition of release, or as a probationary condition. It can also be ordered where no criminal offense has been charged. Regardless
- [What is the Difference Between Assault and Domestic Assault?](https://bkdefense.com/what-is-the-difference-between-assault-and-domestic-assault/) - Assault: Under Minnesota law, an assault can be one of two things: (1) either committing an act with the intent to cause fear of bodily harm (or death) in another person; or (2) intentionally inflicting or attempting to inflict bodily harm upon another person. Qualifiable domestic violence-related offenses include (among others): Violations of orders for
- [I Was Pulled Over Under Suspicion Of A DWI – Can The Police Search Me, My Car, Or My Passengers?](https://bkdefense.com/i-was-pulled-over-under-suspicion-of-a-dwi-can-the-police-search-me-my-car-or-my-passengers/) - You have a right under the Constitution to refuse all searches of yourself or your property. This isn’t to say the police will not do so anyway under one of the various exceptions to this constitutional prohibition (or with a warrant). However, the police cannot use your refusal to consent to a search as proof
- [What Constitutes a Burglary in the State of Minnesota?](https://bkdefense.com/what-constitutes-a-burglary-in-the-state-of-minnesota/) - Under Minnesota Law, there are several levels of burglary. In general, a burglary is committed by entering a building without consent and with the intent of committing a crime; or entering a building without consent and actually committing a crime while in the building (either directly or as an accomplice). Burglaries are classified into different
- [DWI Charges Reduced to Careless Driving](https://bkdefense.com/dwi-charges-reduced-to-careless-driving-7/) - Mike Brandt’s client was charged with DWI for an incident occurring in September of 2018. Mike’s client was stopped for speeding, and after having interaction with the state trooper, the trooper suspected Mike’s client was under the influence of alcohol. The trooper put Mike’s client through various field sobriety tests and eventually arrested him for DWI. As Mike prepared the case for court, he had his client do several things to show he had taken this matter seriously, and Mike was able to convince the prosecuting attorney to agree to reduce the charge of careless driving, which resulted in his client avoiding a conviction for DWI.
- [Gross Misdemeanor Charges Reduced](https://bkdefense.com/gross-misdemeanor-charges-reduced/) - Mike Brandt’s client was charged with Gross Misdemeanor DWI after he was involved in a single-vehicle accident where he hit a guard rail and caused significant damage to his vehicle. Mike’s client left the scene, but was confronted by the police down the road where Mike’s client was arrested for DWI. Mike’s client tested at
- [Domestic Assault Charges Continued for Dismissal](https://bkdefense.com/domestic-assault-charges-continued-for-dismissal-6/) - Mike Brandt’s client was charged with domestic assault for an incident occurring in the city of Andover in October of 2018. Mike’s client was accused of pushing a family member, causing her to fall backwards and suffer injuries. In preparation for the case, Mike spent a great deal of time going through the background of
- [Will an Order for Protection be on my Record?](https://bkdefense.com/will-an-order-for-protection-be-on-my-record/) - Generally speaking, yes. Anything that is filed through the court system is going to leave electronic records as well as copies of paper files and records in various places. The proper question to ask would be: Who can see it; and what can they see? First of all, Minnesota Court Rule 4 says that Domestic
- [Minnesota Court of Appeals Broadens When an Attempted Crime is Committed in Criminal Sexual Conduct Cases](https://bkdefense.com/minnesota-court-of-appeals-broadens-when-an-attempted-crime-is-committed-in-criminal-sexual-conduct-cases/) - The Minnesota Court of Appeals published a decision today regarding what now qualifies as a “substantial step” towards the commission of third-degree criminal sexual conduct in In State v. Wilkie, Mr. Wilkie was convicted of attempted third-degree criminal sexual conduct violation of Minn. Stat. §§ 609.17, subd. 1, .344, subd. 1(b) (2016). The factual background
- [Legislature Watch: Marijuana Legalization](https://bkdefense.com/legislature-watch-marijuana-legalization/) - The debate over legalizing recreational marijuana is coming to Minnesota. The Minnesota House of Representatives indicated they may take up the issue of marijuana this year, focusing on: broadening the medical marijuana program, reforming criminal justice to lessen penalties for nonviolent drug offenders, and "highly regulated" legalization of recreational use marijuana, in that order of
- [Felony Drug Sales Result in Minimal Jail Time and a Possibility to Have Record Clean](https://bkdefense.com/felony-drug-sales-result-in-minimal-jail-time-and-a-possibility-to-have-record-clean/) - Mike Brandt’s client was charged in Benton County, Minnesota, in December 2017, with three counts of selling drugs. His charges stemmed from an elaborate undercover operation where the Drug Taskforce utilized confidential informants to set up multiple drug buys from Mike’s client. After the drug transactions, the police obtained a search warrant and obtained a
- [Restraining Order Violation Results in Stay of Adjudication](https://bkdefense.com/restraining-order-violation-results-in-stay-of-adjudication/) - Mike Brandt’s client was charged with violating a Harassment Restraining Order for sending numerous text messages to a person who had issued a Restraining Order against him. The State had a very strong case against Mike’s client as they had the actual text messages sent from his client. Notwithstanding the strength of the State’s case,
- [I Was Pulled Over Under Suspicion For DWI And Now The Police Want Me To Do Field Sobriety Tests (FST’s) And A Preliminary Breath Test (PBT) – Do I Have To?](https://bkdefense.com/i-was-pulled-over-under-suspicion-for-dwi-and-now-the-police-want-me-to-do-field-sobriety-tests-fsts-and-a-preliminary-breath-test-pbt-do-i-have-to/) - During an investigatory stop, an officer may order the driver (and any passengers) out of the vehicle. State v. Askerooth, 681 N.W.2d 353, 367 (Minn. 2004); Maryland v. Wilson, 519 U.S. 408, 412 (1997). They can also place you in their squad car while investigating without turning the stop into a formal arrest if the
- [Will I Lose My License for a Misdemeanor Driving Offense?](https://bkdefense.com/will-i-lose-my-license-for-a-misdemeanor-driving-offense/) - The short answer is it depends. If one of the following circumstances are present, your driver’s license could be revoked, suspended, or cancelled. A conviction involving an offense with any of the following circumstances will result in a revocation of your driver’s license. The revocation period will vary depending on the offense and can be
- [Burglary Charge Dismissed, Theft Charge Diverted](https://bkdefense.com/burglary-charge-dismissed-theft-charge-diverted/) - In August of 2018, Nicole Kettwick’s client was charged with burglary and theft in relation to an incident that occurred at the client’s place of work. After obtaining and reviewing the State’s evidence, Nicole negotiated with the County Attorney. Not only was Nicole able to get the burglary charge dismissed, she was able to obtain
- [2018 Year in Review](https://bkdefense.com/2018-year-in-review/) - Below are the top criminal law changes in Minnesota in 2018. Misrepresenting an assistance animal is a crime Under Minn. Stat. § 609.833, it is now a petty misdemeanor in Minnesota to intentionally misrepresent an animal as an assistance animal to obtain rights or privileges knowing they are not entitled to such. Subsequent violations are
- [Gross Misdemeanor Charge Reduced to a Misdemeanor](https://bkdefense.com/gross-misdemeanor-charge-reduced-to-a-misdemeanor/) - Mike Brandt’s client was charged with gross misdemeanor DWI from an incident occurring in August of 2018 in Chisago County. Mike’s client was called to the attention of a state trooper due to some erratic driving and when the trooper made contact with Mike’s client, Mike’s client exhibited numerous signs of impairment. Mike’s client was
- [Fifth Degree Assault Charge is Continued for Dismissal](https://bkdefense.com/fifth-degree-assault-charge-is-continued-for-dismissal/) - Mike Brandt’s client was charged with Fifth Degree Assault arising out of a confrontation at a fast food restaurant in the City of Blaine in August of 2018. Mike’s client had a spotless record and the allegation was that he had put a woman in fear of bodily harm when he confronted her about some
- [Traffic Citation is Continued for Dismissal](https://bkdefense.com/traffic-citation-is-continued-for-dismissal/) - Mike Brandt’s client was charged with Failing to Drive with Due Care because of an accident that occurred in the City of Blaine in July of 2018. Mike’s client was accused of merging onto a freeway and when the car ahead of him stopped unexpectedly, rear-ending the vehicle. In these types of cases, it’s very
- [Student Ticket Continued for Dismissal](https://bkdefense.com/student-ticket-continued-for-dismissal/) - Mike Brandt’s client was charged with a traffic violation for speeding in the City of Edina from August of 2018. Because of Mike’s client’s clean record and some other factors, Mike was able to convince the prosecuting attorney to continue this matter for dismissal. This means that his client did not have to plead guilty
- [Nicole Kettwick's client avoids jail time on fifth degree felony drug charge](https://bkdefense.com/nicole-kettwicks-client-avoids-jail-time-on-fifth-degree-felony-drug-charge/) - Charge: Felony Fifth Degree Drug Charges in Scott County Attorney: Nicole A. Kettwick Date: December 2018 Result: Court Stays Adjudication. This means that though Nicole’s client pled guilty, the judge did not accept his plea. The client was placed on probation for a period of three years. Upon successful completion of probation, the case will be dismissed. Nicole met her client’s goals of avoiding a conviction and any jail time.
- [Disorderly Conduct Charges Continued for Dismissal](https://bkdefense.com/disorderly-conduct-charges-continued-for-dismissal-2/) - Mike Brandt’s client was charged with Disorderly Conduct for his involvement in a bar fight in the city of Bayport in October of 2018. The police reports alleged that several people were upset by this incident, and a conviction would have marred his client’s otherwise clean record. In preparation for the case, Mike had his
- [I Was Pulled Over Under Suspicion Of DWI – What Happens Next?](https://bkdefense.com/i-was-pulled-over-under-suspicion-of-dwi-what-happens-next/) - Once police have stopped you, the stop must be temporary and last no longer than necessary to effectuate the purpose of the stop (for example, ticket you for the driving violation). From there, the officer need’s independent articulable reasonable suspicion to expand the scope of your stop (for example, asking you to perform field sobriety
- [Client Receives Stay of Adjudication on Second DWI](https://bkdefense.com/client-receives-stay-of-adjudication-on-second-dwi/) - Mike Brandt’s client was charged with Driving While Impaired for an incident occurring in the City of St. Francis (Anoka County) in September of 2018. Mike’s client had served in the military and had invested nearly 10 years into the National Guard and was planning on spending another 10 years in the National Guard, at
- [DWI Charges Dismissed](https://bkdefense.com/dwi-charges-dismissed/) - Mike Brandt represented a client who was arrested for a DWI in Shakopee, Scott County, on September 7, 2018. Mike’s client was stopped for erratic driving, failed the field sobriety tests, and the trooper obtained a search warrant and got a blood sample from Mike’s client. Notwithstanding the state’s claim that they could prove Mike’s
- [Driving after Suspension, Revocation, or Cancellation](https://bkdefense.com/driving-after-suspension-revocation-or-cancellation/) - A person who is allowed to drive in Minnesota (as a licensed driver from Minnesota or as a driver licensed from another state) can lose their privilege to drive in the state of Minnesota in various ways for committing various offenses. Minnesota can take three actions on a driver’s privilege to drive—suspension, revocation, or cancellation.
- [DWI Charges Reduced to Careless Driving](https://bkdefense.com/dwi-charges-reduced-to-careless-driving-6/) - Mike Brandt’s client was charged with DWI after being stopped for speeding on his motorcycle in Aitkin County on June 20, 2018. In evaluating the case, Mike pointed out to the prosecuting attorney that his client’s alcohol reading was very close to the legal limit and his client did very well on the Field Sobriety
- [Client Avoids Jail in Theft of Controlled Substance](https://bkdefense.com/client-avoids-jail-in-theft-of-controlled-substance/) - Mike Brandt's client was charged with Theft of a Controlled Substance for stealing opioid medications from patients while she was employed as a nurse in a health care facility. Mike's client had engaged in this conduct for numerous months before she was caught. Once she was caught and before charges issued, Mike worked with his
- [Jail Time and Vehicle Forfeiture Avoided in DWI](https://bkdefense.com/jail-time-and-vehicle-forfeiture-avoided-in-dwi/) - Mike Brandt's client was charged with Second Degree DWI from an incident occurring in the City of Lino Lakes, Anoka County, on June 2, 2018. Because his client had a prior DWI within 10 years and because he tested over 0.16 BAC, the State was attempting to forfeit his vehicle. As part of Mike's negotiations,
- [Domestic Assault Charge Results in Stay of Adjudication on Disorderly Conduct](https://bkdefense.com/domestic-assault-charge-results-in-stay-of-adjudication-on-disorderly-conduct/) - Mike Brandt's client was charged with Domestic Assault for an incident occurring in the City of Lino Lakes, Anoka County, on August 27, 2018. As part of his representation, Mike thoroughly investigated the matter, took statements from various people regarding his client's character, and had his client proactively start counseling. The matter was scheduled for
- [Mike Brandt Secures Acquittal in Felony Domestic Strangulation Case](https://bkdefense.com/mike-brandt-secures-acquittal-in-felony-domestic-strangulation-case/) - Mike Brandt's client was charged with felony Domestic Assault by Strangulation for allegedly strangling his girlfriend on April 5, 2018 in Anoka County. The alleged victim claimed that Mike's client choked her 3 times, nearly to the point of unconsciousness. The State would not negotiate and the only offer was to plead guilty to the
- [Driving Offenses Continued for Dismissal](https://bkdefense.com/driving-offenses-continued-for-dismissal/) - Mike Brandt represented a client who was charged with Driving After Suspension and Speeding from the City of Edina, occurring on August 22, 2018. It was through a strange sequence of events that Mike’s client had lost his driving privileges and by the time the matter went to court, the client had his license reinstated.
- [My “Crime of Violence” is Not a Crime of Violence Anymore…Are My Gun Rights Still Prohibited?](https://bkdefense.com/my-crime-of-violence-is-not-a-crime-of-violence-anymoreare-my-gun-rights-still-prohibited/) - In Minnesota, persons convicted of a Felony “Crime of Violence” are subject to a lifetime firearms prohibition. A gross misdemeanor, misdemeanor, or stay of adjudication is not sufficient to trigger the prohibition. There must be a felony conviction. This includes a stay of imposition where the conviction is a felony conviction while on probation and
- [I Have a Warrant – What Should I Do?](https://bkdefense.com/i-have-a-warrant-what-should-i-do/) - An arrest warrant can be issued for a number of reasons, including new criminal charges, a probation violation allegation, or for a failure to appear in court. Whatever the reason, the warrant must be dealt with or else you could end up being arrested and taken to jail under very inconvenient circumstances, to say the
- [Nicole’s Client Avoids Conviction in Failing to Yield and Failure to Carry Proof of Insurance](https://bkdefense.com/nicoles-client-avoids-conviction-in-failing-to-yield-and-failure-to-carry-proof-of-insurance/) - Nicole Kettwick’s client was charged for failure to yield to another vehicle and failure to carry proof of insurance in April of 2015 in Anoka County. The client struggled to fight these charges for years until he found Nicole in June of 2018. Nicole and her client decided that the goal was to avoid any
- [Do I Have To Identify Myself To Police If They Stop Me Under Suspicion Of Driving While Impaired?](https://bkdefense.com/do-i-have-to-identify-myself-to-police-if-they-stop-me-under-suspicion-of-driving-while-impaired/) - So, you’ve been pulled over and the officer is approaching your car. What can you do now? Under the Fifth Amendment to the Constitution, every person has the right to not answer questions by a government agent (e.g. have you been drinking? Where are you coming from? Where are you going?), and that is a
- [What Does a Dog at Large Warning Mean?](https://bkdefense.com/what-does-a-dog-at-large-warning-mean/) - Depending on what city you live in, there are ordinances that prohibit allowing your dog to “run at large.” This varies depending on the city, but they all say generally the same thing. In short, a Dog at Large ordinance imposes a duty upon owners of dogs to refrain from allowing their dog to “run
- [That costume is so good it’s criminal!](https://bkdefense.com/that-costume-is-so-good-its-criminal/) - So you’re going to be a cop for Halloween? Just don’t go too far when getting into character! In Minnesota, if you falsely impersonate a cop with the intent to mislead another that you’re actually a cop, you could face a misdemeanor charge. And if you take it a step farther and either gain access
- [Mike Brandt talks Ethics on Minnesota Lawyer’s Mutual Podcast](https://bkdefense.com/mike-brandt-talks-ethics-on-minnesota-lawyers-mutual-podcast/) - Mike sat down with Todd Scott for a recent segment of On the Air with Minnesota Lawyers Mutual. There, as part of a CLE seminar, he spent the morning giving insight into working ethically and efficiently in a private criminal law practice.
- [If I am Driving a Vehicle that Someone Else Rented, Can the Police Search it Without any Suspicion?](https://bkdefense.com/if-i-am-driving-a-vehicle-that-someone-else-rented-can-the-police-search-it-without-any-suspicion/) - When it comes to these types of searches, the first question is whether the person has a “legitimate expectation of privacy” in the thing to be searched. The second questions is under what circumstances can the police search. A person has a legitimate expectation of privacy if: (1) the person has shown that they want
- [Can Law Enforcement Officers Search my Home, Possessions, or Vehicle Without a Search Warrant?](https://bkdefense.com/can-law-enforcement-officers-search-my-home-possessions-or-vehicle-without-a-search-warrant/) - Generally, under the Fourth Amendment to the United States Constitution, law enforcement officers need a search warrant to enter or search a person’s home, possessions, or vehicle. This is because the United States Supreme Court, in Arizona v. Gant, ruled that warrantless searches are presumed to be unreasonable except for a few “well-delineated exceptions,” to
- [Nicole’s Client Charged with Criminal Vehicular Operation Pleas to an Operating Under the Influence Misdemeanor](https://bkdefense.com/nicoles-client-charged-with-criminal-vehicular-operation-pleas-to-an-operating-under-the-influence-misdemeanor/) - In April of 2018, Nicole’s client was in a motor vehicle accident while driving under the influence of alcohol in Anoka County. The accident resulted in damage to another individual’s vehicle and injuries to the other driver. Her client was charged with Gross Misdemeanor Criminal Vehicular Operation and DWI. In preparation, Nicole gathered and reviewed
- [Second Degree Test Refusal Charges Reduced](https://bkdefense.com/second-degree-test-refusal-charges-reduced/) - Mike Brandt's client was charged with second-degree test refusal after crashing his vehicle into a loading dock area of a school in Wright County, MN. Through the course of his client's interaction with the police, Mike’s client was very obstinate and uncooperative. When asked to submit to a test for alcohol, Mike's client refused to
- [Probation Violation Results in No Jail Time](https://bkdefense.com/probation-violation-results-in-no-jail-time/) - Mike Brandt's client was charged with violating probation based on a case where Mike’s client had absconded from probation for nearly five years. When Mike's client finally decided to deal with the probation violation, the Probation Department was recommending that Mike’s client serve 60 days in jail. This was a situation where Mike's client had
- [DWI Charges, Forfeiture of Vehicle and License Revocation Avoided](https://bkdefense.com/dwi-charges-forfeiture-of-vehicle-and-license-revocation-avoided/) - Mike Brandt’s client was charged with various offenses including gross misdemeanor DWI and felony damage to property. Additionally, his license was revoked for two years and his vehicle was being forfeited from an incident occurring in the City of Blaine, Anoka County, in January of 2018. Mike challenged the manner in which the police officer
- [DWI Charges Reduced to Careless Driving](https://bkdefense.com/dwi-charges-reduced-to-careless-driving-2/) - Mike Brandt's client was charged with driving while impaired after crashing his car on a freeway in Coon Rapids in March of 2018. When a police officer responded to the scene and made contact with Mike's client, it was obvious that Mike's client had been smoking marijuana and admitted to the officer that he had
- [State Agrees to Suspend Prosecution on a Prostitution Case in Hennepin County](https://bkdefense.com/state-agrees-to-suspend-prosecution-on-a-prostitution-case-in-hennepin-county/) - Nicole’s client was charged with Gross Misdemeanor Engaging in Prostitution in Hennepin County. Her client gave police a damaging statement about his involvement and conduct. Nicole reviewed the State’s discovery and pushed back on the possibility of a coerced confession. The State ultimately agreed to an agreement to suspend prosecution. Effectively agreeing to dismiss the
- [I Got Another DWI - Will I Do Jail Time?](https://bkdefense.com/i-got-another-dwi-will-i-do-jail-time/) - Upon an arrest for a subsequent DWI within ten years of the first DWI, the driver almost always is jailed and held for a bail hearing before a judge in court. If the case resolves with a conviction (meaning either the driver pleads guilty or is found guilty by a jury), then the mandatory minimum
- [Nicole’s Client Escapes a Felony Assault Conviction](https://bkdefense.com/nicoles-client-escapes-a-felony-assault-conviction/) - In March of 2018, Nicole’s client was involved in a physical altercation while inebriated in Anoka County. As a result of the incident, Nicole’s client was charged with 4th Degree Assault, a Felony with a maximum penalty of 2 years in jail and a $4,000 fine. In preparation for court, Nicole prepared a packet of
- [Can Firefighters and Paramedics Report or Take Drugs Found in my House?](https://bkdefense.com/can-firefighters-and-paramedics-report-or-take-drugs-found-in-my-house/) - Yes, if it is found in plain sight, while performing duties in a place they are required to be to perform their job. However, they are not required to report it. Generally speaking, government agents need a warrant to search a residence. However, firefighters do not need to obtain a warrant before entering a building
- [Nicole Helps Her Client Avoid 3 Counts, Including Gun Charges](https://bkdefense.com/nicole-helps-her-client-avoid-3-counts-including-gun-charges/) - In July, 2018, Nicole’s client was involved in a drinking and driving incident in the City of Richfield, in Hennepin County. He was charged with 4 Counts: (1) DWI—Influence of Alcohol; (2) DWI—BAC over .08; (3) Carrying a Pistol While Under the Influence; and (4) Carrying a Pistol—BAC over .10. In preparation for court, Nicole
- [Nicole Successfully Defends $15,000.00 Restitution Request](https://bkdefense.com/nicole-successfully-defends-15000-00-restitution-request/) - In January, 2018, Nicole’s client (a minor) was involved in a car accident. As a result of icy roads, she slid into a car that was stopped on the road because, only minutes before, it had been stuck by another vehicle. Although the respective insurance companies determined that Nicole’s client’s share of the damage was
- [Mike Brandt’s Client Acquitted of Felony Assault Charges after Jury Trial](https://bkdefense.com/mike-brandts-client-acquitted-of-felony-assault-charges-after-jury-trial/) - Mike Brandt’s client was charged with Assault in the Second Degree for allegedly utilizing a firearm to assault another man. Mike’s client was accused of using the firearm to hit the other man in the head, inflicting injuries. Mike’s client adamantly denied the allegations and asserted that he was the one who was assaulted by
- [I Got Kicked Out of My Own House – Can They Do That?](https://bkdefense.com/i-got-kicked-out-of-my-own-house-can-they-do-that/) - Can the courts really kick someone out of his or her own house? Yes, in certain situations. The most common we see is where the person who solely owns or rents the residence is accused of domestic assault. The accuser, who is in a domestic relationship with the accused, may not be on the title
- [Mike Brandt wins jury trial, client avoids prison time](https://bkdefense.com/mike-brandt-wins-jury-trial-client-avoids-prison-time/) - Mike Brandt represented a client who was charged with two counts of felony Second Degree Assault from an incident occurring in March of 2017 in the City of Elk River, Sherburne County, after allegedly assaulting a man with a firearm. Mike’s client vehemently denied the allegations so after reviewing the discovery, collecting witness statements, and
- [Gross Misdemeanor Assault Charges Dismissed](https://bkdefense.com/gross-misdemeanor-assault-charges-dismissed/) - Mike Brandt represented a client who was charged with gross misdemeanor Domestic Assault from an incident occurring in March of 2018 in the city of Blaine, Anoka County, when neighbors called the police because they heard a loud verbal argument. In preparing the matter for trial, Mike had his investigator take a statement from the
- [Domestic Abuse Charges Reduced to Disorderly Conduct](https://bkdefense.com/domestic-abuse-charges-reduced-to-disorderly-conduct/) - Mike Brandt’s client was charged with Domestic Assault for an altercation that occurred with his wife in Stearns County on January 14, 2018. He was accused of grabbing his wife in a forceful manner, leaving marks on her arm, and effectively throwing her off of the bed. Because of the allegations, Mike’s client was arrested
- [Disorderly Conduct Charges Dismissed](https://bkdefense.com/disorderly-conduct-charges-dismissed/) - Mike Brandt’s client was charged with Disorderly Conduct from an incident occurring on December 24, 2017 in Wright County. His client was part of a group that got into a bit of a melee and several neighbors called the police. As part of his representation, Mike had his investigator speak to various witnesses who pointed
- [Reduced Sentence and Forfeiture of Vehicle Negotiated on Second-time DWI with Very High Test](https://bkdefense.com/reduced-sentence-and-forfeiture-of-vehicle-negotiated-on-second-time-dwi-with-very-high-test/) - Mike Brandt’s client was charged with Second Degree DWI in Aitkin County, Minnesota, for an offense occurring in April of 2018. Mike’s client was stopped on a county road due to some suspicious behavior and after he was arrested, submitted to a test which showed an alcohol content of .23—nearly three times the legal limit.
- [Nicole’s Client Gets One Charge Reduced and Four Charges Dismissed](https://bkdefense.com/nicoles-client-gets-one-charge-reduced-and-four-charges-dismissed/) - Nicole’s client was arrested following a car accident in the City of Blaine, Anoka County. He was arguing with a passenger in his car, and they grabbed the steering wheel and caused the car to crash into a sound barrier on the side of the highway. Nicole’s client was charged with two counts of gross
- [One Year in Jail Time Avoided after Fourth Probation Violation](https://bkdefense.com/one-year-in-jail-time-avoided-after-fourth-probation-violation/) - Nicole Kettwick’s client was accused of violating probation on a prior DWI conviction, in Sherburne County. Nicole’s client had three previous probation violations on this conviction, meaning this was her fourth violation. Corrections accused Nicole’s client of violating the terms of her probation by failing to provide for urinalysis upon request, and failing to abstain
- [Can I expunge my record if I had to register as a predatory offender?](https://bkdefense.com/can-i-expunge-my-record-if-i-had-to-register-as-a-predatory-offender/) - Predatory offender registration occurs when a person has been convicted of a qualifying crime (pursuant to Minn. Stat. § 243.166) and consequently they are required to provide information about their address and other biographical data with law enforcement. Unfortunately, this is one of those rare cases in the law where the answer is clear—no. A
- [Felony Threats of Violence Charges Reduced to Disorder Conduct](https://bkdefense.com/felony-threats-of-violence-charges-reduced-to-disorder-conduct/) - Mike Brandt’s client was charged in Wright County Juvenile Court with a felony charge of making threats of violence. This was alleged to have occurred in January of 2018 in Wright County, Minnesota. The allegations stemmed from comments made by Mike’s client at school, which were overheard by other students. After school officials were made
- [Criminal Vehicular Homicide Charges Result in Probation and no Prison](https://bkdefense.com/criminal-vehicular-homicide-charges-result-in-probation-and-no-prison/) - Mike Brandt’s client was charged with two counts of Criminal Vehicular Homicide stemming from a tragic accident occurring in November of 2015 in Anoka County, Minnesota. Mike’s client, who had worked an overnight shift at his job, had stopped and consumed a few cocktails with a coworker at breakfast. He spent some time at the
- [Alleged $50,000 Theft Reduced to a Low-Level Felony with No Jail](https://bkdefense.com/alleged-50000-theft-reduced-to-a-low-level-felony-with-no-jail/) - Mike Brandt’s client was charged with theft for allegedly stealing ammunition from a manufacturer in Anoka County, Minnesota. The company his client worked for did an extensive investigation over a period of several years, which included setting up surveillance cameras and tracking packages. The company alleged that Mike’s client had stolen over $50,000 worth of
- [When is Driving While Impaired (DWI) a felony?](https://bkdefense.com/when-is-driving-while-impaired-dwi-a-felony/) - There are four degrees of DWIs in Minnesota. First degree is a felony, second and third degrees are gross misdemeanors, and a fourth-degree DWI is a misdemeanor. A DWI can become a felony first degree DWI under the following circumstances: You will be charged with a first-degree (felony) DWI under Minnesota Statute § 169A.24 if:
- [Gross Misdemeanor DWI Charges Reduced to Misdemeanor](https://bkdefense.com/gross-misdemeanor-dwi-charges-reduced-to-misdemeanor/) - Mike Brandt’s client was charged with a gross misdemeanor DWI for getting into an accident on the freeway when he was driving nearly 100 miles per hour. Thankfully nobody was injured in the accident, but after he was arrested, Mike’s client tested at over twice the legal limit. The higher-level charge could have resulted in
- [Is Marijuana Wax Legally Different than Weed?](https://bkdefense.com/is-marijuana-wax-legally-different-than-weed/) - Yes! Wax is a concentrated version of marijuana made from a butane extraction. The higher levels of Tetrahydrocannabinols (THC) content make it more potent than traditional marijuana and lead to intense highs, all without creating an odor. Possession of weed or marijuana (the dried green, leafy buds) up to 42.5 grams is only a petty
- [Fifth DWI Results in No Jail Time and Probation](https://bkdefense.com/fifth-dwi-results-in-no-jail-time-and-probation/) - Mike Brandt’s client was charged with DWI after a 911 caller saw him driving erratically. Mike’s client had crashed his car causing significant damage and was eventually confronted by the police. Mike’s client was obviously intoxicated and tested at nearly three times the legal limit. Complicating the situation was the fact that Mike’s client had
- [Gross Misdemeanor Test Refusal Charges Reduced to a Misdemeanor](https://bkdefense.com/gross-misdemeanor-test-refusal-charges-reduced-to-a-misdemeanor/) - Mike Brandt’s client was charged with gross misdemeanor Test Refusal from an incident occurring in January of 2018 in Forest Lake, in Washington County. Mike’s client was pulled over after a 911 caller reported that his client had been driving erratically and crossing the lane dividers. A police officer encountered Mike’s client and observed the
- [Order For Protection Charges Continued for Dismissal](https://bkdefense.com/order-for-protection-charges-continued-for-dismissal/) - Mike Brandt’s client was charged with violating an order for protection (a no-contact order) for having contact with his wife who had obtained a restraining order against Mike’s client. This occurred in the City of Coon Rapids, Anoka County, in March of 2018. The police officer observed Mike’s client with the protected person and arrested
- [Domestic Strangulation Charges Reduced to Gross Misdemeanor](https://bkdefense.com/domestic-strangulation-charges-reduced-to-gross-misdemeanor/) - Mike Brandt's client was charged with a felony charge of Domestic Strangulation for an offense that occurred in the City of St. Louis Park, Hennepin County, on October 7, 2017. Mike's client did not have any prior offenses, and the incident emanated from a conflict with his wife. The state was moving forward with the
- [Felony Criminal Vehicular Operation Charges Reduced to Careless Driving](https://bkdefense.com/felony-criminal-vehicular-operation-charges-reduced-to-careless-driving/) - Mike Brandt’s client was charged with Felony Criminal Vehicular Operation from an incident occurring in February of 2017 in Crow Wing County, Minnesota. The state alleged that Mike’s client was grossly negligent in failing to yield to a red light, causing an accident which caused very serious injuries to another driver. Any sort of felony
- [Gross Misdemeanor DWI Charges Dismissed](https://bkdefense.com/gross-misdemeanor-dwi-charges-dismissed/) - Mike Brandt’s client was charged with a gross misdemeanor, Second Degree DWI, from an incident occurring on June 23, 2017, in Elk River, Sherburne County. Mike’s client was charged with DWI after the police confronted him outside his truck based on a report that he had violated a restraining order. After reviewing the police reports
- [Preliminary Investigation Results in No Charges Being Filed](https://bkdefense.com/preliminary-investigation-results-in-no-charges-being-filed/) - Mike Brandt was retained by a client who was under investigation for some allegations of inappropriate sexual behavior against his girlfriend. As part of Mike’s representation, Mike’s investigator interviewed numerous witnesses who were aware of the situation between his client and the complainant. The investigator also interviewed two of the client’s children who were home
- [Gross Misdemeanor DWI Charges Reduced to A Misdemeanor](https://bkdefense.com/gross-misdemeanor-dwi-charges-reduced-to-a-misdemeanor/) - Mike Brandt’s client was charged with a gross misdemeanor DWI after being arrested in the City of Fridley in March of 2018. After her arrest, she submitted to a breath test which revealed her alcohol content was over twice the legal limit. This caused her charges to be a gross misdemeanor which could result in
- [Criminal Vehicular Operation Charges Reduced to DWI](https://bkdefense.com/criminal-vehicular-operation-charges-reduced-to-dwi-2/) - Mike Brandt’s client was charged with Gross Misdemeanor Criminal Vehicular Operation for driving the wrong way on a highway and striking another driver head on. This happened in the city of White Bear Township on January 5, 2018. The accident occurred in Minnesota during the winter when temperatures were double digits below zero. After the
- [Domestic Assault Continued for Dismissal in Dakota County](https://bkdefense.com/domestic-assault-continued-for-dismissal-in-dakota-county/) - Nicole’s client was charged with misdemeanor Domestic Assault in Hastings, Dakota County, following an incident where he allegedly shoved his sister in to a wall during a family disagreement. After helping her client get into an anger management program, Nicole negotiated with the prosecutor to resolve the case. The prosecutor wanted a conviction but a
- [When is Driving While Impaired a Gross Misdemeanor?](https://bkdefense.com/when-is-driving-while-impaired-a-gross-misdemeanor/) - The offense of DWI (often called driving under the influence, or DUI) in Minnesota is categorized into four different levels, or degrees: misdemeanor fourth-degree DWI; gross misdemeanor third degree DWI; gross misdemeanor second degree DWI; and felony first degree DWI. For each degree, the potential punishment and driver’s license ramifications increase. What degree you are
- [Nicole’s Client Avoids Jail after Crashing into City Utility Vehicle with BAC of .028](https://bkdefense.com/nicoles-client-avoids-jail-after-crashing-into-city-utility-vehicle-with-bac-of-028/) - Nicole’s client was charged in Andover, Anoka County, with two counts of Third Degree Driving while Impaired and one count of Leaving the Scene of a Property Damage Accident after she crashed into a city utility vehicle and blew a 0.28 at 9:00 a.m. on a Tuesday morning. Nicole helped her client find a treatment
- [Nicole’s Client Avoids Lengthy Sentence for Fourth Lifetime DWI](https://bkdefense.com/nicoles-client-avoids-lengthy-sentence-for-fourth-lifetime-dwi/) - Nicole’s client was stopped by police in Hopkins, Hennepin County, after an officer observed him leave a bar, get in his car, fail to turn his lights on, and run a stop sign. After the officer smelled alcohol and Nicole’s client refused to perform field sobriety tests, a roadside preliminary breath test (PBT), or an
- [When is a domestic assault a felony?](https://bkdefense.com/when-is-a-domestic-assault-a-felony/) - Domestic assault is an assault committed against a family or household member. An “assault” is an act committed with the intent to cause fear in another of immediate bodily harm or death; or the intentional infliction, or attempted infliction of bodily harm upon another. “Family or household members” include, spouses and ex-spouses; blood relatives; parents
- [U.S. Supreme Court Rules that Warrantless Searches of Cars Near One’s Home is Illegal](https://bkdefense.com/u-s-supreme-court-rules-that-warrantless-searches-of-cars-near-ones-home-is-illegal/) - The United States Supreme Court was presented with the question of whether or not a police officer, without a search warrant, may enter the curtilage of a home and conduct a search of an automobile. (Curtilage is defined as “an area intimately linked to the home, both physically and psychologically, where privacy expectations are most
- [Theft by Swindle Continued for Dismissal](https://bkdefense.com/theft-by-swindle-continued-for-dismissal/) - Nicole’s client was 18 years old when she was charged with Theft by Swindle in Champlin, Hennepin County. Theft by Swindle is a specific type of theft charge whereby property or services are obtained from another person through deliberate deception or “trickery.” It was alleged that Nicole’s client and a friend of hers had an
- [He Lied! But is it Perjury?](https://bkdefense.com/he-lied-but-is-it-perjury/) - There is an adage that says “There are three sides to every story: yours, mine, and the truth. And all three are right.” The sentiment behind this saying is that everyone can recall a particular event or circumstance differently, without any one of them being wrong. Differing memories, opinions, or impressions about the same event
- [Minnesota Supreme Court weighs in on Implied Consent Law](https://bkdefense.com/minnesota-supreme-court-weighs-in-on-implied-consent-law/) - The Minnesota Supreme Court today issued an opinion which details when a driver who has been arrested for a DWI has the right to consult with an attorney before deciding whether or not to take a breath test. Under Minnesota law, any person who drives, operates, or is in physical control of a motor vehicle
- [What are aggravating factors in a Driving While Impaired?](https://bkdefense.com/what-are-aggravating-factors-in-a-driving-while-impaired/) - An “aggravating factor” is a circumstance that can increase the severity of a criminal charge. With regards to a DWI charge (often called driving under the influence, or DUI), the presence of aggravating factors can be used to enhance a DWI charge from a misdemeanor to a gross misdemeanor, and, in some cases, to a
- [I've been harassed! Can I get a harassment restraining order?](https://bkdefense.com/ive-been-harassed-can-i-get-a-harassment-restraining-order/) - Unfortunately, harassment of all types has been in the news recently. These behaviors range from childish and immature to dangerous and criminal. While protecting yourself from harassing or unwanted behavior is certainly important, understanding the difference between the common knowledge and legal definitions of harassment is important before determining an appropriate course of action. The
- [Mandatory Prison Sentence Reduced to Probation and Jail Time](https://bkdefense.com/mandatory-prison-sentence-reduced-to-probation-and-jail-time/) - Mike Brandt's client was charged in Hennepin County District Court with First Degree Drug Sale after he was arrested and found with nearly 60 grams of methamphetamine along with a loaded firearm. Because of various laws imposing mandatory minimum sentences, Mike's client was looking at 5 ½ years in prison. Additionally, there is a specific
- [Felony Robbery Charges Reduced to Gross Misdemeanor](https://bkdefense.com/felony-robbery-charges-reduced-to-gross-misdemeanor/) - Mike Brandt's client was charged with robbery for stealing a phone from a cab driver and inflicting harm on the cab driver. These charges emanated from an incident in Hennepin County from August 2016. Because the cab driver sustained personal injury, the robbery charge carried with it a presumptive prison sentence of four years. Mike's
- [DWI Charges Reduced to a Stay of Adjudication on a Careless Driving](https://bkdefense.com/dwi-charges-reduced-to-a-stay-of-adjudication-on-a-careless-driving/) - Mike Brandt's client was charged with driving while impaired for allegedly being under the influence of a controlled substance. The charges emanated from a traffic stop occurring in November 2017 in St. Louis County, Minnesota. These potential charges carried very serious consequences for Mike's client, who carries a professional licensure. In preparation for the case,
- [Gross Misdemeanor Charges Reduced to Misdemeanor](https://bkdefense.com/gross-misdemeanor-charges-reduced-to-misdemeanor/) - Mike Brandt's client was charged with a gross misdemeanor DWI for refusing to submit to an alcohol test after she was arrested by a police officer in Blaine in February of 2018. Mike's client had been involved in a single-vehicle crash and was heavily intoxicated. After she was arrested, she was required to submit to
- [Driving While Impaired by a Schedule II Drug reduced to Careless Driving, avoided losing driving privileges](https://bkdefense.com/driving-while-impaired-by-a-schedule-ii-drug-reduced-to-careless-driving-avoided-losing-driving-privileges/) - Nicole Kettwick’s client was charged with Driving While Impaired in Columbia Heights, Anoka County, after a serious crash that resulted in substantial property damage as well as a significant injury that required hospitalization. Upon searching Nicole’s client’s car, the police found several prescriptions for methadone (a Schedule II drug) that the client had picked up
- [That happened years ago, how can they use that against me?](https://bkdefense.com/that-happened-years-ago-how-can-they-use-that-against-me/) - In general, evidence of prior crimes or bad acts cannot be introduced at trial to prove that a person committed the crime for which they are currently charged. Under Minnesota Rule of Evidence 404(b), evidence of another crime, wrong, or act is not admissible to prove the character of the person or that the person
- [Can I Expunge My Offense From Another State?](https://bkdefense.com/can-expunge-offense-another-state/) - Expungements for Minnesota offenses must go back to the county where the case was prosecuted. Offenses from other states are unable to be expunged in Minnesota. A Minnesota judge does not have jurisdiction over agencies and courts from other states. A Minnesota judge also does not have jurisdiction to expunge a federal case. And currently,
- [Investigation into Hit and Run Results in no Charges Filed](https://bkdefense.com/investigation-into-hit-and-run-results-in-no-charges-filed/) - Nicole’s client was investigated for leaving the scene of a car accident after causing damage to a residential property with his vehicle. He hired Nicole to help him through the process. Keeping her client’s goal of avoiding criminal charges in mind, she immediately went to work contacting the owner of the property that was damaged,
- [Restitution: General Restitution v. Identity-Theft Restitution](https://bkdefense.com/restitution-general-restitution-v-identity-theft-restitution/) - In State v. Rey, 905 N.W.2d 490 (Minn. 2018), the Minnesota Supreme Court held that “the identity-theft statute does not expressly require a district court to consider the amount of economic loss suffered by the victim or the defendant’s ability to pay when ordering restitution.” Rey argued that the identify-theft restitution statute is unconstitutional because
- [Vehicle Forfeiture in Prostitution Cases](https://bkdefense.com/vehicle-forfeiture-prostitution-cases/) - Pursuant to Minn. Stat. § 609.5312, any person charged with a prostitution offense, who allegedly used their vehicle to commit the offense, can have their motor vehicle forfeited. The Minnesota Legislature recently changed the laws to require a conviction in these cases in order for law enforcement to keep the vehicle, but the police can
- [Minnesota Supreme Court Rules on New Standards for Issuing Domestic Abuse Orders for Protection](https://bkdefense.com/minnesota-supreme-court-rules-new-standards-issuing-domestic-abuse-orders-protection/) - On Wednesday, January 31, 2018, the Minnesota Supreme Court issued a ruling changing a key component of domestic abuse law. Since 1988, when a person wanted to obtain a domestic abuse order for protection (OFP), the petitioner needed to establish that “physical abuse, bodily harm, or assault” had been “present” or “imminent.” Under this standard,
- [Cancelled Driving Privileges Successfully Reinstated](https://bkdefense.com/cancelled-driving-privileges-successfully-reinstated/) - Mike Brandt was hired to assist a client in getting his driving privileges reinstated in the State of Minnesota. The driving privileges of Mike’s client had been Cancelled as Inimical to Public Safety nearly 20 years ago. After that time, Mike’s client obtained a driver’s license in a different state but due to the Federal
- [Felony Drug Charges Result in No Conviction](https://bkdefense.com/felony-drug-charges-result-no-conviction-2/) - Mike Brandt’s client was charged with Controlled Substance Crime in the Third Degree from an incident occurring in Beltrami County in August of 2016. Mike’s client was the subject of a narcotics investigation and the police executed a search warrant at his home where they found approximately twelve pounds of marijuana. In addition to the
- [Juvenile Sex Offense Results in Stay of Adjudication](https://bkdefense.com/juvenile-sex-offense-results-stay-adjudication/) - Mike Brandt’s client was charged with a sex offense in Anoka County Juvenile Court for engaging in inappropriate sexual behavior. In preparation of the case, Mike had his client obtain an evaluation and attend counseling to address his issues. When the case was finally charged, Mike was able to convince the Judge to do a
- [Potential Felony Charges of Criminal Vehicular Operation Reduced to Careless Driving](https://bkdefense.com/potential-felony-charges-criminal-vehicular-operation-reduced-careless-driving/) - Mike Brandt’s client was arrested in January of 2017 in Wright County for Criminal Vehicular Operation. The allegation was that Mike’s client had gotten into an accident while under the influence of alcohol and a passenger in his vehicle had been injured. Before the charges were issued, Mike got involved and engaged in discussions with
- [Gross Misdemeanor Charges Reduced to a Misdemeanor](https://bkdefense.com/gross-misdemeanor-charges-reduced-misdemeanor-4/) - Mike Brandt’s client was charged in Hennepin County District Court with DWI for a driving incident that happened in Golden Valley, Minnesota. Mike’s client tested well over twice the legal limit and because of the high test, Mike’s client was charged with a gross misdemeanor offense. Mike’s client had hopes of entering into employment in
- [Fingerprint Phone Lock is not a Lock to Privacy](https://bkdefense.com/fingerprint-phone-lock-not-lock-privacy/) - In Minnesota, if a police officer has a valid search warrant for a suspect’s locked phone, that officer may compel that individual to unlock the phone by use of the fingerprint feature. In State v. Diamond, No. A15-2075, 2018 WL 443356 (Minn. Jan. 17, 2018), the Minnesota Supreme Court has recently affirmed the lower court’s
- [Gross Misdemeanor DWI Charge Reduced to Misdemeanor](https://bkdefense.com/gross-misdemeanor-dwi-charge-reduced-misdemeanor/) - Mike Brandt’s client was charged with gross misdemeanor DWI from an arrest that occurred in the City of Maple Grove, Hennepin County, on October 7, 2017. Mike’s client was stopped because she was driving without her headlights turned on and showed significant signs of impairment. At the police station, she tested at a 0.18 BAC—more
- [Trespass Charges Continued for Dismissal – Protecting Client’s Record](https://bkdefense.com/trespass-charges-continued-dismissal-protecting-clients-record/) - Mike Brandt’s client, who is an aspiring teacher, was out one night and engaged in some raucous behavior during a night of partying. Mike’s client was arrested and was charged with a misdemeanor Trespassing. Because of the background check that she would be facing in the future as she applied for teaching jobs, a charge
- [Felony Prostitution with a Minor Charge Results in Gross Misdemeanor Sentence](https://bkdefense.com/felony-prostitution-minor-charge-results-gross-misdemeanor-sentence/) - Mike Brandt’s client was caught up in a sting and was charged with Prostitution with a Child Under the Age of 16. Because of the way the matter was charged, Mike’s client was facing a felony conviction which, if convicted, would have haunted his client for the rest of his life. In preparation for the
- [Interpretation of Expungement Waiting Period Finally Resolved](https://bkdefense.com/interpretation-expungement-waiting-period-finally-resolved/) - In the past, the waiting period language in the expungement statute has been interpreted two different ways when person has been charged with or convicted of a new crime since the person was discharged from their sentence (probation or parole). The two interpretations are: 1) if the petitioner has been convicted of a subsequent crime,
- [Felony Solicitation Charge Reduced to a Gross Misdemeanor](https://bkdefense.com/felony-solicitation-charge-reduced-gross-misdemeanor/) - Nicole’s client was charged with Electronic Solicitation of a Child after sending a nude photograph to a minor. Her client had never been in this kind of trouble before and was nervous about facing felony charges for the first time in his life. Nicole helped him through the process and encouraged him to take some
- [The Implied Consent Law is not so implicit, especially when it comes to “refusing” a test](https://bkdefense.com/implied-consent-law-not-implicit-especially-comes-refusing-test/) - In Minnesota, when a person is suspected of driving while impaired, or when a person was involved in a motor vehicle accident or collision which results in property damage or personal injury, the person may be required to take a chemical test. This process is known as the Implied Consent law. Like any other choice
- [Gross Misdemeanor Charges Reduced to Misdemeanor](https://bkdefense.com/gross-misdemeanor-charges-reduced-to-misdemeanor-2/) - Mike Brandt’s client was charged in the City of Coon Rapids for Driving While Impaired. Because his client had a DWI about 1 ½ years earlier, Mike’s client was looking at a gross misdemeanor charge with a mandatory minimum of 30 days in jail. In preparing the case, Mike filed motions to challenge the police
- [Nicole Kettwick keeps client out of prison](https://bkdefense.com/nicole-kettwick-keeps-client-prison/) - Nicole’s client faced serious theft charges in Ramsey County after being accused of stealing over $80,000 from his former employer. Because of prior criminal history record, the case called for a minimum 39-month prison sentence. Nicole’s client risked losing his new job, his wife and over three years of his life. So he hired Nicole
- [Violation of Order for Protection Charges Dismissed](https://bkdefense.com/violation-order-protection-charges-dismissed/) - Mike Brandt’s client was charged with violating an Order for Protection (OFP) from the City of St. Paul. The charges stemmed from an innocent email that Mike’s client had sent to the alleged victim when Mike’s client had received paperwork regarding the Order for Protection. Mike’s client works in a field a conviction of a
- [Drug Charges Calling for Three Years Prison Sentence Reduced to Stay of Adjudication](https://bkdefense.com/drug-charges-calling-three-years-prison-sentence-reduced-stay-adjudication/) - Mike Brandt’s client was charged with felony Possession of a Controlled Substance after a search warrant was executed in his home, during which they found a loaded firearm located close to the drugs. Because of a statute that requires a mandatory sentence of three years in prison when there is a firearm near drugs, Mike’s
- [Test Refusal Charges Reduced to Misdemeanor](https://bkdefense.com/test-refusal-charges-reduced-misdemeanor/) - Mike Brandt’s client was charged in the City of Roseville for refusing to submit to a chemical test. The charges stemmed from an accident where Mike’s client had crashed her car and walked away. The police found Mike’s client and arrested her for DWI. Due to the client’s level of intoxication, she took a preliminary
- [Domestic Assault Charges Continued for Dismissal](https://bkdefense.com/domestic-assault-charges-continued-dismissal-6/) - Mike Brandt’s client was charged with Domestic Assault for an incident alleged to have occurred in Woodbury, Washington County, Minnesota. Mike’s client’s wife accused him of assaulting her and threatening her. Mike and his client adamantly disputed the charges and were prepared to go to trial, if need be. In preparing the case, Mike had
- [Felony Drug Charges Resolved with Community Service](https://bkdefense.com/felony-drug-charges-resolved-community-service/) - Mike Brandt’s client was charged with felony Possession of Drugs from an arrest in Brooklyn Park, Hennepin County, Minnesota in April of 2016. The charges emanated from a traffic stop for an equipment violation which led to the search of the vehicle, where the police found methamphetamine and hash oil. In addition to the drugs,
- [DWI Charge Reduced to Careless Driving](https://bkdefense.com/dwi-charge-reduced-to-careless-driving/) - Mike Brandt’s client was charged with a Fourth Degree DWI in Anoka County for testing at an alcohol level of 0.11. While this high of a reading is typically outside of the range where the charge can be reduced, Mike had his client take proactive steps before going to court, such as completing a chemical
- [Minnesota Pardons of Criminal Sexual Conduct Offenses](https://bkdefense.com/minnesota-pardons-criminal-sexual-conduct-offenses/) - It’s that time of year again…Minnesota Pardon Applications are due December 1, 2017, for the spring 2018 hearing. The Minnesota Pardon Board meets twice per year to consider pardon applications. Many people ask whether a criminal sexual conduct conviction can be pardoned. In Minnesota, any offense can be pardoned, however, the Pardon Board has indicated
- [Restoring Gun Rights with a Domestic Assault Conviction](https://bkdefense.com/restoring-gun-rights-domestic-assault-conviction/) - So you have a domestic assault conviction for causing bodily harm to a romantic partner or a person to whom you are acting as a parent. Your gun rights are gone for life under the federal Lautenberg amendment, 18 U.S.C. 922(g)(9). How to fix this? Some mistakenly believe they can file a petition in district
- [Apparently Huffing Dust-Off and Driving is Not Illegal in Minnesota](https://bkdefense.com/apparently-huffing-dust-off-driving-not-illegal-minnesota/) - The Minnesota Supreme Court ruled that DFE is not a hazardous substance for DWIs. State v. Carson, A15-1678 (Minn. Oct. 11, 2017) (read the case here). In Minnesota, one can get a DWI without consuming alcohol, but can if under the influence of a controlled substance, with any amount of a Schedule I or II
- [Turns Out Birds Can’t Fly Free in Minnesota, or Can They?](https://bkdefense.com/turns-birds-cant-fly-free-minnesota-can/) - A man in Georgia was convicted of Disorderly Conduct for flipping his pastor the bird during their Sunday service. The Georgia Supreme Court then overturned the conviction because he is constitutionally protected under the First Amendment. (Read the Opinion Here) This begs the question; can I get in trouble in Minnesota for flipping the bird?
- [Gross Misdemeanor Charges Reduced to Misdemeanor](https://bkdefense.com/gross-misdemeanor-charges-reduced-misdemeanor-2/) - Mike Brandt’s client was charged with a gross misdemeanor DWI after crashing his car into a neighbor’s wrought iron fence in the city of Andover, Anoka County. When the police arrived, they suspected that Mike’s client was under the influence of alcohol, they arrested him, and he tested at over twice the legal limit. Notwithstanding
- [Domestic Assault Charges Continued for Dismissal](https://bkdefense.com/domestic-assault-charges-continued-dismissal-5/) - Mike Brandt’s client was charged with Domestic Assault from an incident occurring in Columbia Heights, Anoka County. The charge stemmed from a dispute between Mike’s client and her significant other. The facts of the case were somewhat troubling in that the alleged victim claimed that Mike’s client hit her in the head with a beer
- [Harassment Restraining Order Dismissed](https://bkdefense.com/harassment-restraining-order-dismissed/) - Mike Brandt’s client came to him because a fellow parishioner at his client’s church was seeking a Harassment Restraining Order, claiming that Mike’s client had engaged in harassing behavior. In preparation for the hearing, Mike had his investigator interview nearly a dozen witnesses, who were prepared to attest that trial to his client’s good character.
- [What is good cause?](https://bkdefense.com/what-is-good-cause/) - In order to restore gun rights following a felony conviction for a crime of violence in Minnesota, Minn. Stat. § 609.165, Subd. 1d states a person must demonstrate good cause to restore rights. What is good cause? The only published, precedential case on this area of law is State v. Averbeck, 791 N.W.2d 559, 561
- [Disorderly Conduct Statute Ruled Partially Unconstitutional](https://bkdefense.com/disorderly-conduct-statute-ruled-partially-unconstitutional/) - The Minnesota Supreme Court held as unconstitutional a portion of the disorderly conduct statute related to disturbing lawful assemblies or meetings, but did not rule on other portions of the statute. The Court ruled in the case of Robin Hensel, who was charged with disorderly conduct under Minn. Stat. § 609.72, Subd. 1(2). Ms. Hensel
- [DWI Charges Reduced to Careless Driving](https://bkdefense.com/dwi-charges-reduced-careless-driving-4/) - Mike Brandt’s client was charged with a DWI in the city of Oak Grove. The allegation was that he was driving while impaired and driving with an alcohol concentration of .10. In preparing the case, Mike pointed out to the prosecutor several issues with what the police did while they were investigating his client. Specifically,
- [School Bus Stop-Arm Charge Dismissed](https://bkdefense.com/school-bus-stop-arm-charge-dismissed/) - Nicole’s client was charged with a School Bus Stop-Arm violation after allegedly passing a bus while the stop-arm was extended and children were present. Nicole negotiated with the prosecutor who offered to resolve the matter with a misdemeanor but after reviewing the squad video of the alleged incident, Nicole instead decided to fight the issue
- [Juvenile Sex Offense Negotiated to a Stay of Adjudication Resulting in a Dismissal](https://bkdefense.com/juvenile-sex-offense-negotiated-stay-adjudication-resulting-dismissal/) - Mike Brandt’s client was charged with a very serious sex offense in Hennepin County Juvenile Court based upon some allegations of paying another juvenile to engage in a sex act. If convicted of these charges, it would have required Mike’s client to register as a predatory offender and would have been a black mark on
- [Preliminary Involvement in Case Results in No Charges Being Issued](https://bkdefense.com/preliminary-involvement-case-results-no-charges-issued/) - Mike Brandt represented a client on a preliminary matter where he was being investigated for some allegations of inappropriate contact with his juvenile daughter in Hennepin County. As part of his representation, Mike had his investigator take various statements from people who knew his client, were aware of the allegations and also knew who it
- [Pardoning Domestic Assault Offenses](https://bkdefense.com/pardoning-domestic-assault-offenses/) - The recent spring 2017 pardon board hearing on June 14, 2017, revealed the Minnesota Pardon Board, made up of Minnesota Governor Mark Dayton, Minnesota Supreme Court Chief Justice Lorie Gildea, and Minnesota Attorney General Lori Swanson, is reluctant to pardon domestic assault offenses. Many Minnesotans convicted of a domestic assault offense are prohibited from possessing
- [Deadline Extended to Challenge DWI Driver’s License Withdrawals](https://bkdefense.com/deadline-extended-challenge-dwi-drivers-license-withdrawals/) - The Minnesota Legislature changed a provision of the DWI laws pertaining to a deadline for filing challenges to driver’s license withdrawals. Specifically, when one is arrested on probable cause of driving while impaired and either refuses or fails a breath test, the driver is supposed to be notified of a loss of driving privileges, which
- [Michael Brandt Gets Probation Violation Dismissed](https://bkdefense.com/michael-brandt-gets-probation-violation-dismissed/) - Mike’s client was on probation in Anoka County for a Criminal Sexual Conduct case. Mike’s client had been living in Texas, and, after a failed polygraph examination, Mike’s client’s Texas probation officer violated him, requiring Mike’s client to return to Minnesota for a probation violation hearing. Mike’s client’s probation violation was based on a violation
- [My License Is Revoked Because of a DWI.  How Do I Get On Ignition Interlock?](https://bkdefense.com/license-revoked-dwi-get-ignition-interlock/) - If you are convicted of a DWI, or if you lose your license pursuant to Minnesota’s Implied Consent law, your driver’s license will be revoked. In order to drive during the revocation, you can either apply for a limited license (commonly called a work permit, but available only in very limited circumstances), or you can
- [Mike Brandt Secures Continuance for Dismissal for Ordinance Violation](https://bkdefense.com/mike-brandt-secures-continuance-dismissal-ordinance-violation/) - Mike’s client was charged with violating city ordinances for failing to conduct background checks on their tenants and for failing to follow other city ordinances regarding lease requirements. Mike worked closely with his client to gather information regarding the steps his client had taken to assure the tenants were proper to rent within the city
- [FWI – Flying While Intoxicated](https://bkdefense.com/fwi-flying-intoxicated/) - Think .08 Blood Alcohol Content (BAC) is low for drinking and driving? The Federal Aviation Administration (FAA) established a federal law, Federal Aviation Regulation (FAR) 91.17, establishing a .04 BAC per se standard for pilots while operating an aircraft and it also criminalizes test refusal. It also states that no person may operate or attempt
- [Mike Brandt Successfully Argues Downward Departure Motion; Saves Client From Prison](https://bkdefense.com/mike-brandt-successfully-argues-downward-departure-motion-saves-client-prison-2/) - Mike Brandt’s client was charged with Felony DWI and was facing sixty months in prison because of his prior record. Mike’s client had 13 prior DWIs and had previously been sentenced to prison. In order to try and save Mike’s client from prison, the team at Brandt Kettwick Defense put together a plan to demonstrate
- [How does jail credit work in Minnesota?](https://bkdefense.com/how-does-jail-credit-work-in-minnesota/) - Currently, any person who is sentenced to serve jail time in Minnesota will receive credit for “good time” against that sentence if the person is of good behavior in the jail facility. For every two days served in custody, a person will receive an additional day as credit for good time. For example, a person
- [Felony Drug Charges Reduced to Diversion Program](https://bkdefense.com/felony-drug-charges-reduced-diversion-program/) - Mike Brandt’s client was arrested in Circle Pines, Anoka County, in January of 2016 and was found to be in possession of a large amount of marijuana, as well as some prescription medications that were not prescribed for her. Based on the circumstances, Mike’s client was charged with two felony drug offenses which had a
- [Domestic Assault Charges Reduced](https://bkdefense.com/domestic-assault-charges-reduced/) - Mike Brandt’s client was charged with Domestic Assault out of East Bethel, Anoka County, Minnesota from an incident stemming from a struggle for his cell phone with his wife. Notwithstanding the facts, the alleged victim was very vocal in claiming that Mike’s client had engaged in abusive behavior in the past, had significantly assaulted her
- [Third Degree DWI Reduced to Fourth Degree Without Court Appearance](https://bkdefense.com/third-degree-dwi-reduced-to-fourth-degree-without-court-appearance/) - Nicole’s client was charged with a DWI in the Third Degree after he was found intoxicated in his truck parked on a residential street. He was visiting from out of state at the time and after being released from jail, he immediately returned. Transportation back to Minnesota for legal proceedings was a major concern for
- [Gross Misdemeanor DWI Charges Reduced to Misdemeanor](https://bkdefense.com/gross-misdemeanor-dwi-charges-reduced-misdemeanor-2/) - Mike Brandt’s client was arrested in Blaine in March of 2017 and charged with gross misdemeanor DWI for testing over two and one-half times the legal limit. Mike’s client was originally charged with a gross misdemeanor, which could have resulted in up to a year in jail and a $3,000 fine. In preparation of the
- [What is the Maximum Bail for a Misdemeanor Domestic Assault Charge?](https://bkdefense.com/maximum-bail-misdemeanor-domestic-assault-charge/) - When a person is charged with a crime, when they make their first appearance in court, a judge will set conditions of release—this occurs whether a person is appearing in front of the judge while in custody (in jail), or appearing out of custody. In either case, the conditions of release may include a requirement
- [Gross Misdemeanor Charges Reduced to Misdemeanor](https://bkdefense.com/gross-misdemeanor-charges-reduced-misdemeanor/) - Mike Brandt’s client was charged with gross misdemeanor DWI from an incident occurring in Ramsey, Anoka County, in May of 2017. Mike’s client came to the attention of the police because his boat trailer had broken off the ball hitch and was dragging on the roadway. While the police were originally trying to assist Mike’s
- [Speeding Ticket Continued For Dismissal](https://bkdefense.com/speeding-ticket-continued-dismissal/) - Mike Brandt’s client was charged with Speed in the City of Golden Valley from November 2016. The case was not very promising, because Mike’s young client was travelling over 20 MPH above the limit in a residential area. This is not the type of case that a prosecutor would normally agree to negotiate to keep
- [Second Degree DWI Reduced to Third Degree DWI, Saving Client’s Car](https://bkdefense.com/second-degree-dwi-reduced-third-degree-dwi-saving-clients-car/) - Mike Brandt’s client was charged with Second Degree DWI and Marijuana in a Motor Vehicle for an incident that occurred in April 2017. Mike’s client was facing forfeiture of his vehicle due to a prior DWI in 2015 and because he blew twice the legal limit. Mike was able to convince the prosecutor to amend
- [Driving While High](https://bkdefense.com/driving-while-high/) - “I’m just smoking weed tonight, I’ll be your designated driver.” Perhaps you or a friend has said this before. The problem is that one can still get a DWI if he or she is smoking weed, even without drinking a drop of alcohol. In Minnesota, marijuana is an illegal controlled substance without a medical prescription.
- [Minnesota Court of Appeals Rules Landlords Do Not Have Authority to Consent to a Search of an Area Occupied by a Tenant](https://bkdefense.com/minnesota-court-appeals-rules-landlords-not-authority-consent-search-area-occupied-tenant/) - On July 17, 2017, the Minnesota Court of Appeals ruled that a landlord does not have “actual authority” to consent to a search by law enforcement of an area occupied by a tenant. While a landlord does have a limited right of access, they do not have rights of mutual use of the property that
- [Will I lose my license for a 1st time DWI on Boat or ATV?](https://bkdefense.com/will-lose-license-1st-time-dwi-boat-atv/) - First time DWI violators who are pulled over while driving a motorboat, ATV or other off-road vehicles are given a break. A driver who has no qualified prior impaired driving incident is subject only to the nonfelony criminal penalty and the loss of operating privileges for that type of vehicle. In other words, if your
- [Gross Misdemeanor Domestic Assault Charge Received Stay of Adjudication](https://bkdefense.com/gross-misdemeanor-domestic-assault-charge-received-stay-adjudication/) - Mike’s client was charged with Gross Misdemeanor Domestic Assault after an altercation with his girlfriend. In preparing the case, Mike had his investigator contact the victim who had expressed that she wished to clarify some of the statements that she had made to the police about the incident, as well as her desire not to
- [Felony Solicitation of a Minor to Engage in Prostitution Reduced to a Misdemeanor](https://bkdefense.com/felony-solicitation-minor-engage-prostitution-reduced-misdemeanor/) - Mike Brandt’s client was charged with Felony Solicitation of a Minor to Engage in Prostitution after Mike’s client responded to an ad on backpages.com posted by law enforcement. The ad suggested that there was a young lady who would sell her sexual services to Mike’s client. The decoy police officer held herself out to be
- [DWI Charges Reduced to Careless Driving](https://bkdefense.com/dwi-charges-reduced-careless-driving-3/) - Mike Brandt’s client was charged with DWI, Careless Driving, and Speeding for an incident that occurred in April of 2017 in Maple Grove, Hennepin County, Minnesota. Even though Mike’s client had a relatively high test reading, Mike was able to convince the prosecutor to dismiss the DWI charge and allow the client to plead to
- [Domestic Assault Charges Continued for Dismissal](https://bkdefense.com/domestic-assault-charges-continued-dismissal-3/) - Mike Brandt’s client was charged with Domestic Assault for allegedly hitting his girlfriend in the mouth during a struggle for a marijuana smoking device. In preparing the case for trial, Mike demonstrated to the prosecutor that the incident may have occurred accidentally, that the alleged victim was not a credible witness, and that Mike’s client
- [Domestic Assault Charges Continued for Dismissal](https://bkdefense.com/domestic-assault-charges-continued-dismissal-4/) - Mike Brandt’s client was charged with Domestic Assault for an altercation occurring with his adult son. There was a unique set of circumstances regarding Mike’s client and his son, and Mike spent a lot of time before going to Court, putting together information about the client, the alleged victim in the case, and the dynamics
- [I Was Arrested But Released From Jail Without Charges.  Can I Still Be Charged In the Future?](https://bkdefense.com/arrested-released-jail-without-charges-can-still-charged-future/) - Various times, situations arise where a person may be arrested, sit in jail for some period, and then be released without charges. This raises a question of whether a person could still be charged in the future. In these situations, there are many reasons why someone may be arrested and released from jail without charges.
- [School Bus Arm Violation Continued for Dismissal](https://bkdefense.com/school-bus-arm-violation-continued-dismissal/) - Mike Brandt’s client was charged for driving around a school bus arm. The facts of the case are that Mike’s client was coming down a hill, the school bus was stopped at the bottom of the hill, but the client was not able to stop in time due to the icy road conditions. Mike’s client
- [Felony First Degree Burglary Charges Reduced to Gross Misdemeanor](https://bkdefense.com/felony-first-degree-burglary-charges-reduced-gross-misdemeanor/) - Mike Brandt’s client was charged with felony First Degree Burglary for breaking into a garage and ransacking a car. Because the garage was attached to a house and was occupied by the residents, it resulted in a felony charge which had a maximum penalty of up to 20 years in prison. The entire situation was
- [Felony Terroristic Threat Charges Reduced to Misdemeanor](https://bkdefense.com/felony-terroristic-threat-charges-reduced-misdemeanor/) - Mike Brandt’s client was charged with felony Terroristic Threats for allegedly taking a shotgun and threatening to kill his girlfriend. In addition to those allegations, there were other allegations that he engaged in some very inappropriate sexual contact with her. Because a firearm was allegedly used, Mike’s client was facing the possibility of three years
- [Stay of Adjudication on Gross Misdemeanor Domestic Assault Charges](https://bkdefense.com/stay-adjudication-gross-misdemeanor-domestic-assault-charges/) - Mike Brandt’s client was charged with Domestic Assault and Interference with an Emergency Call. The charges stemmed from an altercation with his estranged wife. Through the course of the case, Mike had his investigator contact several witnesses to attest to the character of his client, to cast doubt on the allegations made by the wife,
- [Juvenile Sex Charges Received a Stay of Adjudication](https://bkdefense.com/juvenile-sex-charges-received-stay-adjudication/) - Mike’s client was charged with Felony Third Degree Criminal Sexual Conduct in Hennepin County Juvenile Court. In preparing the case, Mike had numerous discussions with the prosecutor and encouraged his client to take proactive steps to address any psycho/sexual concerns the court may have. Because Mike’s client had entered into programming and was making progress,
- [Gun rights study](https://bkdefense.com/gun-rights-study/) - In March 2013, the Minnesota Legislature was in legislative session following the December 2012 attack on Sandy Hook Elementary School in Connecticut, in which 20 children ages six and seven were killed by a gunman. In response, there was a proposal in the Minnesota Senate to abolish Minn. Stat. 609.165, Subd. 1d, which allows persons
- [I Was Never Read My Rights! Will My Case Be Dismissed?](https://bkdefense.com/never-read-rights-will-case-dismissed/) - Probably not, unfortunately. Many people think that every person in every interaction with the police must be read their rights, as seen on TV. This reading of rights is called a “Miranda” warning, which was set forth in the landmark U.S. Supreme Court case, Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16
- [Gross Misdemeanor DWI Charges Reduced to Misdemeanor](https://bkdefense.com/gross-misdemeanor-dwi-charges-reduced-misdemeanor/) - Mike Brandt’s client was charged with Gross Misdemeanor Third Degree DWI following an incident where he blew a stop sign and a red light before passing an officer at a high rate of speed. In preparing the case, Mike encouraged his client to take proactive steps to address any potential chemical use concerns the court
- [Gross Misdemeanor DWI Charges Reduced to Misdemeanor With No Jail](https://bkdefense.com/gross-misdemeanor-dwi-charges-reduced-misdemeanor-no-jail/) - Mike Brandt’s client was charged with Gross Misdemeanor Third Degree DWI following a traffic stop where he was arrested and tested at over twice the legal limit. Based on these facts, Mike’s client was charged with a Gross Misdemeanor DWI. In preparing the case, Mike brought a motion to throw out the case based upon
- [Can you really get charged with Criminal Vehicular Operation (CVO) while sitting in the passenger seat?](https://bkdefense.com/can-really-get-charged-criminal-vehicular-operation-cvo-sitting-passenger-seat/) - While most people know that they shouldn’t get behind the wheel after having too much to drink, there are other things to be aware of as well. In a recent case, State v. Henderson, a group of people were out at a bar drinking except the driver who remained sober. After they left the bar
- [No Conviction for Domestic Assault Charge where Client Held BB Gun to Girlfriend’s Head in Hennepin County](https://bkdefense.com/no-conviction-for-domestic-assault-charge-where-client-held-bb-gun-to-girlfriends-head-in-hennepin-county/) - Nicole Kettwick’s client was charged with two counts of Domestic Assault and one count of Disorderly Conduct for an incident that occurred in Crystal, MN. Nicole’s client’s girlfriend called the police after an argument broke out. When the police arrived they found that the caller was reliable and her face was red and she was
- [Gross Misdemeanor Intent to Escape Tax Charge Dismissed](https://bkdefense.com/gross-misdemeanor-intent-to-escape-tax-charge-dismissed/) - Nicole Kettwick’s client was facing a Gross Misdemeanor Charge, Intent to Escape Tax for placing a post it over her expired tabs on her license plate. She was pulled over for speeding, a Petty Misdemeanor when the officer saw the post it over her tabs. The Gross Misdemeanors had a maximum punishment of one year
- [Criminal Sexual Conduct Charges Avoided](https://bkdefense.com/criminal-sexual-conduct-charges-avoided-2/) - Mike Brandt’s client was being investigated for charges of Criminal Sexual Conduct against a minor in Anoka County. Mike immediately began conversations with the Anoka County Criminal Investigation Division and Child Protection Services. Mike engaged in several conversations with investigators and with the County Attorney. When the case was submitted to the County Attorney for
- [Second Degree Assault Charges Reduced to Damage to Property With No Jail Time](https://bkdefense.com/second-degree-assault-charges-reduced-damage-property-no-jail-time/) - Mike Brandt’s client was charged with felony Second Degree Assault with a Dangerous Weapon and First Degree Damage to Property in Anoka County. Based on these charges, Mike’s client faced a mandatory prison sentence of three years. In preparing the case, Mike did a significant investigation and pointed out several inconsistencies in the stories of
- [Traffic Offense Kept Off of Driving Record](https://bkdefense.com/traffic-offense-kept-off-driving-record/) - Mike’s client was charged with Failure to Stop for a Traffic Control Signal after Mike’s client ran a red light and was involved in an accident in Anoka County. In preparation for the case, Mike was able to put together a packet of information to show the Prosecutor and the Judge facts about his client’s

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- [Damage to Property](https://bkdefense.com/damage-to-property/) - The criminal attorneys at Brandt Kettwick Defense are dedicated to handling all degrees of criminal damage to property cases in Minneapolis & Saint Paul, MN.
- [Jenna M. McLain](https://bkdefense.com/jenna-m-mclain/) - Jenna M. McLain Home » Jenna M. McLain Senior Paralegal Jenna M. McLain Phone Email Jenna joined the Brandt Kettwick Defense team in June of 2019, bringing over 18 years of comprehensive experience in criminal law. Her background spans both hands-on paralegal work and court administration experience, where she gained invaluable insight into court processes
- [Cathy J. Pithan](https://bkdefense.com/cathy-j-pithan/) - Cathy J. Pithan Home » Cathy J. Pithan Office Manager & Paralegal Cathy J. Pithan Phone Email Cathy joined the Brandt Kettwick Defense team in January 2019, bringing a strong background in criminal justice and sociology. A graduate of Saint Cloud State University, Cathy also earned her Paralegal Certificate from the Minnesota Paralegal Institute, equipping
- [Domestic Assault](https://bkdefense.com/domestic-assault/) - The team at Brandt Kettwick Defense have experience handling domestic assault charges ranging from misdemeanors to felonies in Minneapolis & Saint Paul MN.
- [Thank you](https://bkdefense.com/thank-you/) - Thank-you Thank you for connecting with the Brandt Kettwick Defense website. We’re here to help you navigate your legal options with confidence.

## ElementsKit items

- [dynamic-content-megamenu-menuitem53427](https://bkdefense.com/elementskit-content/dynamic-content-megamenu-menuitem53427/) - Michael J. Brandt Nicole A. Kettwick Paul L. Young Autumn R. Stokes
- [dynamic-content-megamenu-menuitem54035](https://bkdefense.com/elementskit-content/dynamic-content-megamenu-menuitem54035/) - Cathy J. Pithan Jenna M. McLain

## attorney

- [Nicole Kettwick](https://bkdefense.com/attorney/nicole-kettwick/)
- [Paul Young](https://bkdefense.com/attorney/paul-young/)

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- [new laws](https://bkdefense.com/tag/new-laws/)
- [sealing records](https://bkdefense.com/tag/sealing-records/)
- [second chance](https://bkdefense.com/tag/second-chance/)
- [criminal expungement](https://bkdefense.com/tag/criminal-expungement/)
- [felony expunged](https://bkdefense.com/tag/felony-expunged/)
- [felony expungement](https://bkdefense.com/tag/felony-expungement/)
- [certified adult](https://bkdefense.com/tag/certified-adult/)
- [charges declined](https://bkdefense.com/tag/charges-declined/)
- [crim sex](https://bkdefense.com/tag/crim-sex/)
- [CSC](https://bkdefense.com/tag/csc/)
- [EJJ](https://bkdefense.com/tag/ejj/)
- [juvenile sex offender](https://bkdefense.com/tag/juvenile-sex-offender/)
- [sex crimes](https://bkdefense.com/tag/sex-crimes/)
- [sexual assault](https://bkdefense.com/tag/sexual-assault/)
- [amounts of marijuana in the car](https://bkdefense.com/tag/amounts-of-marijuana-in-the-car/)
- [arrested for drugs](https://bkdefense.com/tag/arrested-for-drugs/)
- [cannabinoid](https://bkdefense.com/tag/cannabinoid/)
- [caught by the cops](https://bkdefense.com/tag/caught-by-the-cops/)
- [controlled substance crime](https://bkdefense.com/tag/controlled-substance-crime/)
- [edibles](https://bkdefense.com/tag/edibles/)
- [fifth degree drugs](https://bkdefense.com/tag/fifth-degree-drugs/)
- [gummies](https://bkdefense.com/tag/gummies/)
- [marijuana flowers](https://bkdefense.com/tag/marijuana-flowers/)
- [marijuana in a motor vehicle](https://bkdefense.com/tag/marijuana-in-a-motor-vehicle/)
- [minnesota supreme court](https://bkdefense.com/tag/minnesota-supreme-court/)
- [possession](https://bkdefense.com/tag/possession/)
- [thc](https://bkdefense.com/tag/thc/)
- [transportation of marijuana](https://bkdefense.com/tag/transportation-of-marijuana/)
- [vapes](https://bkdefense.com/tag/vapes/)
- [vehicle search](https://bkdefense.com/tag/vehicle-search/)
- [wax](https://bkdefense.com/tag/wax/)
- [bus violation](https://bkdefense.com/tag/bus-violation/)
- [gross misdemeanor](https://bkdefense.com/tag/gross-misdemeanor/)
- [kids near bus](https://bkdefense.com/tag/kids-near-bus/)
- [not stopping for bus arms](https://bkdefense.com/tag/not-stopping-for-bus-arms/)
- [school bus](https://bkdefense.com/tag/school-bus/)
- [school bus arm violations](https://bkdefense.com/tag/school-bus-arm-violations/)
- [stop for buses](https://bkdefense.com/tag/stop-for-buses/)
- [ticket for bus arm violation](https://bkdefense.com/tag/ticket-for-bus-arm-violation/)
- [washington county](https://bkdefense.com/tag/washington-county/)
- [can the driver get a ticket for open bottle](https://bkdefense.com/tag/can-the-driver-get-a-ticket-for-open-bottle/)
- [consuming alcohol](https://bkdefense.com/tag/consuming-alcohol/)
- [drinking while driving](https://bkdefense.com/tag/drinking-while-driving/)
- [liquor violation](https://bkdefense.com/tag/liquor-violation/)
- [open bottle](https://bkdefense.com/tag/open-bottle/)
- [open bottle in car](https://bkdefense.com/tag/open-bottle-in-car/)
- [open bottle in motor vehicle](https://bkdefense.com/tag/open-bottle-in-motor-vehicle/)
- [open container](https://bkdefense.com/tag/open-container/)
- [brawling](https://bkdefense.com/tag/brawling/)
- [citation](https://bkdefense.com/tag/citation/)
- [criminal damage to property](https://bkdefense.com/tag/criminal-damage-to-property/)
- [drinking and driving](https://bkdefense.com/tag/drinking-and-driving/)
- [fighting](https://bkdefense.com/tag/fighting/)
- [legal limit](https://bkdefense.com/tag/legal-limit/)
- [super bowl crimes](https://bkdefense.com/tag/super-bowl-crimes/)
- [ticket](https://bkdefense.com/tag/ticket/)
- [underage drinking](https://bkdefense.com/tag/underage-drinking/)
- [underage drinking and driving](https://bkdefense.com/tag/underage-drinking-and-driving/)
- [criminal exposure](https://bkdefense.com/tag/criminal-exposure/)
- [exposed breasts](https://bkdefense.com/tag/exposed-breasts/)
- [exposure](https://bkdefense.com/tag/exposure/)
- [indecent exposure](https://bkdefense.com/tag/indecent-exposure/)
- [lewd](https://bkdefense.com/tag/lewd/)
- [ERPO](https://bkdefense.com/tag/erpo/)
- [extreme risk protection order](https://bkdefense.com/tag/extreme-risk-protection-order/)
- [firearms](https://bkdefense.com/tag/firearms/)
- [gun rights](https://bkdefense.com/tag/gun-rights/)
- [red flag](https://bkdefense.com/tag/red-flag/)
- [red flag gun laws](https://bkdefense.com/tag/red-flag-gun-laws/)
- [asset protection](https://bkdefense.com/tag/asset-protection/)
- [misdemeanor](https://bkdefense.com/tag/misdemeanor/)
- [petty theft](https://bkdefense.com/tag/petty-theft/)
- [shoplifting](https://bkdefense.com/tag/shoplifting/)
- [skip scanning](https://bkdefense.com/tag/skip-scanning/)
- [drinks and scooters](https://bkdefense.com/tag/drinks-and-scooters/)
- [drunk](https://bkdefense.com/tag/drunk/)
- [intoxicated](https://bkdefense.com/tag/intoxicated/)
- [lime scooter](https://bkdefense.com/tag/lime-scooter/)
- [motor vehicle operation](https://bkdefense.com/tag/motor-vehicle-operation/)
- [public intoxication](https://bkdefense.com/tag/public-intoxication/)
- [attorney-client meeting](https://bkdefense.com/tag/attorney-client-meeting/)
- [bond](https://bkdefense.com/tag/bond/)
- [coercion](https://bkdefense.com/tag/coercion/)
- [confession](https://bkdefense.com/tag/confession/)
- [contempt](https://bkdefense.com/tag/contempt/)
- [ex parte](https://bkdefense.com/tag/ex-parte/)
- [imprisonment](https://bkdefense.com/tag/imprisonment/)
- [jail](https://bkdefense.com/tag/jail/)
- [mistrial](https://bkdefense.com/tag/mistrial/)
- [testify](https://bkdefense.com/tag/testify/)
- [trial preparation](https://bkdefense.com/tag/trial-preparation/)
- [witness](https://bkdefense.com/tag/witness/)
- [witness intimidation](https://bkdefense.com/tag/witness-intimidation/)
- [attorney](https://bkdefense.com/tag/attorney/)
- [defense lawyer](https://bkdefense.com/tag/defense-lawyer/)
- [domestic](https://bkdefense.com/tag/domestic/)
- [probation](https://bkdefense.com/tag/probation/)
- [obstructing](https://bkdefense.com/tag/obstructing/)
- [obstructing legal process](https://bkdefense.com/tag/obstructing-legal-process/)
- [fraud](https://bkdefense.com/tag/fraud/)
- [investigation](https://bkdefense.com/tag/investigation/)
- [medical assistance fraud](https://bkdefense.com/tag/medical-assistance-fraud/)
- [wrongfully obtaining](https://bkdefense.com/tag/wrongfully-obtaining/)
- [lawyer](https://bkdefense.com/tag/lawyer/)
- [mandatory minimum](https://bkdefense.com/tag/mandatory-minimum/)
- [prison](https://bkdefense.com/tag/prison/)
- [second degree assault](https://bkdefense.com/tag/second-degree-assault/)
- [alleged theft](https://bkdefense.com/tag/alleged-theft/)
- [dismissed](https://bkdefense.com/tag/dismissed/)
- [diversion](https://bkdefense.com/tag/diversion/)
- [negotiations](https://bkdefense.com/tag/negotiations/)
- [stealing](https://bkdefense.com/tag/stealing/)
- [sealing of records](https://bkdefense.com/tag/sealing-of-records/)
- [accident](https://bkdefense.com/tag/accident/)
- [duty to drive with due care](https://bkdefense.com/tag/duty-to-drive-with-due-care/)
- [emergency vehicle](https://bkdefense.com/tag/emergency-vehicle/)
- [failure to yield](https://bkdefense.com/tag/failure-to-yield/)
- [traffic offense](https://bkdefense.com/tag/traffic-offense/)
- [driving while intoxicated](https://bkdefense.com/tag/driving-while-intoxicated/)
- [field sobriety testing](https://bkdefense.com/tag/field-sobriety-testing/)
- [fog line](https://bkdefense.com/tag/fog-line/)
- [know your rights](https://bkdefense.com/tag/know-your-rights/)
- [PBT](https://bkdefense.com/tag/pbt/)
- [pulled over](https://bkdefense.com/tag/pulled-over/)
- [suspicion](https://bkdefense.com/tag/suspicion/)
- [city of anoka](https://bkdefense.com/tag/city-of-anoka/)
- [crimes](https://bkdefense.com/tag/crimes/)
- [bar](https://bkdefense.com/tag/bar/)
- [cop waiting outside bar](https://bkdefense.com/tag/cop-waiting-outside-bar/)
- [drunk driving](https://bkdefense.com/tag/drunk-driving/)
- [DWI arrest](https://bkdefense.com/tag/dwi-arrest/)
- [traffic stop](https://bkdefense.com/tag/traffic-stop/)
- [anoka county attorney](https://bkdefense.com/tag/anoka-county-attorney/)
- [automatic expungement](https://bkdefense.com/tag/automatic-expungement/)
- [clean slate act](https://bkdefense.com/tag/clean-slate-act/)
- [charges with a crime](https://bkdefense.com/tag/charges-with-a-crime/)
- [evidence](https://bkdefense.com/tag/evidence/)
- [law enforcement](https://bkdefense.com/tag/law-enforcement/)
- [legal search](https://bkdefense.com/tag/legal-search/)
- [legal stop](https://bkdefense.com/tag/legal-stop/)
- [probable cause](https://bkdefense.com/tag/probable-cause/)
- [continuance for dismissal](https://bkdefense.com/tag/continuance-for-dismissal/)
- [defense attorney for theft](https://bkdefense.com/tag/defense-attorney-for-theft/)
- [diversion program](https://bkdefense.com/tag/diversion-program/)
- [hennepin county lawyer](https://bkdefense.com/tag/hennepin-county-lawyer/)
- [misdemeanor theft](https://bkdefense.com/tag/misdemeanor-theft/)
- [diversion agreement](https://bkdefense.com/tag/diversion-agreement/)
- [theft charge](https://bkdefense.com/tag/theft-charge/)
- [unlawful practice of medicine](https://bkdefense.com/tag/unlawful-practice-of-medicine/)
- [5th degree assault](https://bkdefense.com/tag/5th-degree-assault/)
- [juvenile](https://bkdefense.com/tag/juvenile/)
- [BB Gun](https://bkdefense.com/tag/bb-gun/)
- [BB Gun in Public Place](https://bkdefense.com/tag/bb-gun-in-public-place/)
- [advocacy](https://bkdefense.com/tag/advocacy/)
- [order for protection](https://bkdefense.com/tag/order-for-protection/)
- [representation](https://bkdefense.com/tag/representation/)
- [support](https://bkdefense.com/tag/support/)
- [Jury Trial](https://bkdefense.com/tag/jury-trial/)
- [Not Guilty](https://bkdefense.com/tag/not-guilty/)
- [Third Degree Criminal Sexual Conduct](https://bkdefense.com/tag/third-degree-criminal-sexual-conduct/)
- [Carless Driving](https://bkdefense.com/tag/carless-driving/)
- [speeding charges](https://bkdefense.com/tag/speeding-charges/)
- [Felony Charges](https://bkdefense.com/tag/felony-charges/)
- [Restraining Order](https://bkdefense.com/tag/restraining-order/)
- [Violation](https://bkdefense.com/tag/violation/)
- [presumption of innocence](https://bkdefense.com/tag/presumption-of-innocence/)
- [Collision](https://bkdefense.com/tag/collision/)
- [Leaving the Scene](https://bkdefense.com/tag/leaving-the-scene/)
- [traffic violations](https://bkdefense.com/tag/traffic-violations/)
- [road rage](https://bkdefense.com/tag/road-rage/)
- [petty misdemeanor](https://bkdefense.com/tag/petty-misdemeanor/)
- [dispositional departure](https://bkdefense.com/tag/dispositional-departure/)
- [downward dispositional departure](https://bkdefense.com/tag/downward-dispositional-departure/)
- [no jail](https://bkdefense.com/tag/no-jail/)
- [no prison](https://bkdefense.com/tag/no-prison/)
- [pornography](https://bkdefense.com/tag/pornography/)
- [Aiding an Offender](https://bkdefense.com/tag/aiding-an-offender/)
- [Harassment Restraining Order](https://bkdefense.com/tag/harassment-restraining-order/)
- [Violating a HRO](https://bkdefense.com/tag/violating-a-hro/)
- [4th Degree DWI](https://bkdefense.com/tag/4th-degree-dwi/)
- [Careless Driving](https://bkdefense.com/tag/careless-driving/)
- [alcohol concentration](https://bkdefense.com/tag/alcohol-concentration/)
- [alcohol offense](https://bkdefense.com/tag/alcohol-offense/)
- [anoka county DWI](https://bkdefense.com/tag/anoka-county-dwi/)
- [autumn stokes](https://bkdefense.com/tag/autumn-stokes/)
- [Carver County DWI](https://bkdefense.com/tag/carver-county-dwi/)
- [Crow Wing County DWI](https://bkdefense.com/tag/crow-wing-county-dwi/)
- [Dakota County DWI](https://bkdefense.com/tag/dakota-county-dwi/)
- [driving privileges](https://bkdefense.com/tag/driving-privileges/)
- [DWI laws](https://bkdefense.com/tag/dwi-laws/)
- [hennepin county DWI](https://bkdefense.com/tag/hennepin-county-dwi/)
- [Isanti County DWI](https://bkdefense.com/tag/isanti-county-dwi/)
- [minnesota attorney](https://bkdefense.com/tag/minnesota-attorney/)
- [police officers](https://bkdefense.com/tag/police-officers/)
- [preliminary breath test](https://bkdefense.com/tag/preliminary-breath-test/)
- [Ramsey County DWI](https://bkdefense.com/tag/ramsey-county-dwi/)
- [reasonable suspicion](https://bkdefense.com/tag/reasonable-suspicion/)
- [Sherburne County DWI](https://bkdefense.com/tag/sherburne-county-dwi/)
- [washington county DWI](https://bkdefense.com/tag/washington-county-dwi/)
- [Wright County DWI](https://bkdefense.com/tag/wright-county-dwi/)
- [Eden Prairie](https://bkdefense.com/tag/eden-prairie/)
- [violating order for protection](https://bkdefense.com/tag/violating-order-for-protection/)
- [2nd Degree Assault](https://bkdefense.com/tag/2nd-degree-assault/)
- [3rd Degree DWI](https://bkdefense.com/tag/3rd-degree-dwi/)
- [departure](https://bkdefense.com/tag/departure/)
- [DWI Court](https://bkdefense.com/tag/dwi-court/)
- [Relapse](https://bkdefense.com/tag/relapse/)
- [DANCO](https://bkdefense.com/tag/danco/)
- [DANCO violation](https://bkdefense.com/tag/danco-violation/)
- [Domestic Abuse No Contact Order](https://bkdefense.com/tag/domestic-abuse-no-contact-order/)
- [2nd Degree](https://bkdefense.com/tag/2nd-degree/)
- [Burglary](https://bkdefense.com/tag/burglary/)
- [DWI Defense Attorney](https://bkdefense.com/tag/dwi-defense-attorney/)
- [DWI Defense Lawyer](https://bkdefense.com/tag/dwi-defense-lawyer/)
- [Anoka County DWI Defense Attorney](https://bkdefense.com/tag/anoka-county-dwi-defense-attorney/)
- [Minnesota DWI Defense Attorney](https://bkdefense.com/tag/minnesota-dwi-defense-attorney/)