Homicide

Homicide covers a wide array of actual crimes that essentially boil down to the same thing -- the accused party is claimed to have cause the death of another person through some sort of action.  This action could be voluntary, involuntary, premeditated, in the heat of the moment, or the commission of a crime, but if the action causes the death of another, it is a homicide.  

Homicide is widely considered to be the most severe crime a person can commit, and the penalties that go along with a conviction for homicide bear this out.  Since MN does not have the death penalty, a life sentence is the maximum sentence you can receive for a homicide conviction.  If you are convicted of 1st degree murder, this penalty is mandatory.  For 2nd degree murder, you can serve up to 40 years in prison.  3rd degree murder can carry a sentence of up to 25 years, and manslaughter can carry up to 15 years.

Needless to say, homicide allegations are not something to be played around with.  If you believe that it is possible that you could be a suspect in a homicide investigation, it is imperative that you speak with a MN defense attorney immediately.  Any delay could result in significant harm to your defense options.  Call or email a Minnesota Criminal Defense Attorney with The Law Office of Brodie Hacken today to give yourself the best chance at a positive outcome.

DWI

There are 30,000 DWI's on Minnesota roads each year, making it one of the most frequently committed offenses in the state.  Further more, DWI's are one of the more complicated offenses due to the fact that they encompass both criminal law and civil law.  It's important when hiring a DWI attorney to make sure that they're capable of handling both aspects of your case.

The criminal side of DWI's is pretty straight forward.  4th degree DWI's are a misdemeanor.  Like other misdemeanors, they carry with them a max jail sentence of 90 days and a $1000 fine.  For most first offenders, a plea bargain with prosecution can reduce those penalties significantly, including reducing your jail time to a stayed sentence.  

Subsequent DWI's will be prosecuted much more harshly.  2nd and 3rd degree DWI's are gross misdemeanors.  A 1st degree DWI is a felony, and can be punished by as much as 7 years in prison and a $14,000 fine.  

First time DWI's can be charged as 4th, 3rd, or 2nd degree DWI's depending on whether or not there are aggravating factors.  Aggravating factors include having a minor in the vehicle or having a blood/alcohol content of over .20.

Whether you are charged with a 4th degree or a 1st degree DWI, having competent legal counsel is extremely important in making sure you're case is properly handled.  There are many defense techniques that can be used to get evidence thrown out and result in a dismissal or acquittal even if you blew over the legal limit.  Call or email an attorney with The Law Office of Brodie Hacken today to determine what options you may have moving forward in the criminal side of your case.

The civil side of things is where the complications start.  As you probably know, being charged with a DWI almost always results in your driver's license being revoked for a period of time.  This period of time varies based on the degree of DWI you are charged with.  Simply being acquitted of the criminal charges or having them dismissed does  not clear up your license issue.  That process is called an Implied Consent Hearing.  It is essentially a civil law suit brought by you against the Commissioner of Public Safety that goes to determine whether or not enough evidence exists for the Department of Public Safety to revoke your driver's license.

When you are first charged with a DWI, you are given a document that informs you that your license is now subject to revocation and that you have been given a 7 day temporary license.  Once those 7 days are up, your license will be officially revoked.  By MN law, you only have 30 days to contest this revocation.  If you fail to request an Implied Consent Hearing within those 30 days, your license will remain revoked for at least 90 days and you will have no recourse.  It is very important to contact a MN DWI attorney as soon as possible after being charged with a DWI in order to get the process of contesting your Implied Consent revocation started.

Also, in some metro counties, you can be granted a temporary stay of your license revocation pending the result of your Implied Consent Hearing.  These counties allow for this because of the length of time it takes to get Implied Consent Hearing scheduled.  By contacting an attorney with the Law Office of Brodie Hacken, you can find out whether you may be eligible for such a stay of your revocation.

If you have been charged with a DWI, you need legal representation.  Call or email a Minnesota DWI defense attorney with The Law Office of Brodie Hacken today to get your defense off the ground.

Probation Violations

Probation violations are an all-too-common occurrence in our legal system.  Essentially, when you are convicted of a crime, whether by a jury, a judge, or through a guilty plea, you are likely to be placed on some sort of probation.  This can be supervised, unsupervised, strict, or loose.  However, regardless of the type  of probation you're on, there are terms you must abide by in order to be in compliance with your probation.  Failing to do so can result in your probation being rescinded and you being brought back in front of a judge.

The person who "violates" you is your probation officer.  For instance, a standard term of probation is that the defendant remain law abiding throughout the duration of their probation.  If you are charged with a new crime while on probation, a report of what happened will go to your probation officer.  He or she will determine whether what you are accused of doing constitutes a violation of your terms of probation.  If they decide that it does, you will be charged with a probation violation.

The process of defending a probation violation is a little less complicated than defending yourself against an actual criminal charge.  It's a two-hearing process and things move very quickly.  The prosecution must only prove that you are guilty of the violation by a preponderance of the evidence, not the beyond a reasonable doubt standard that typical criminal charges must meet.  This means that if the judge finds that it's even the slightest bit more likely than not that your actions constitute a violation of your probation, you will be found guilty.

There are many options at your disposal when facing a probation violation.  Hiring a Minnesota criminal defense attorney with The Law Office of Brodie Hacken will get you on the right path.  Again, PV hearing happen within a week after you are charged, so contacting an attorney immediately is extremely important.  Call or email an attorney with The Law Office of Brodie Hacken today to get started.

Petty Misdemeanors

Petty misdemeanors are usually pretty minor offenses that often don't require the aid of an attorney.  However, for some people and in some situations, it may be in your best interest to contact a Minnesota Criminal Defense Attorney when charged with a petty misdemeanor.

Petty misdemeanors are most commonly found in minor traffic violations.  Your run-of-the-mill speeding ticket, running a stop sign, and an illegal turn are all petty misdemeanors.  However, other minor crimes like possession of drug paraphernalia, possession of a small amount of marijuana, and minor consumption all fall under the umbrella of petty misdemeanors.

Petty misdemeanors are technically not crimes in the state of Minnesota, but that doesn't mean you can't be hurt by their presence on your record.  If you use your driver's license to earn a living (i.e., truck drivers, social workers, bus/taxi drivers), too many of these petty misdemeanor violations could end up costing you your job.  For those of you trying to gain acceptance to college or certain professional programs, petty misdemeanor narcotics charges could end up costing you.

If you are concerned about the potential consequences that stem from a petty misdemeanor conviction and how they may affect you, contact a Minnesota petty misdemeanor defense attorney with The Law Office of Brodie Hacken to find out what we can do for you.