September 7th, 2010
Due to state and County budget cuts, Ramsey County has now announced that it will no longer subsidize sex offender treatment and alcohol and drug treatment for offenders who have been ordered to obtain such treatment. See http://tinyurl.com/3yxek9v. Even the Chief Judge of Ramsey County, Judge Kathleen Gearin, was forced to admit that the results of this new policy is that EITHER, (1) some offenders will have their probation violated for failure to complete treatment, simply because the offenders cannot pay the high price of treatment, and the County will no longer pick up the tab, OR (2) public safety may be endangered where treatment is indicated but not ordered by the Court. Moreover, As the above Star Tribune article makes clear, judges disagree over when public safety demands that treatment be included as a condition of probation.
All this makes clear that it is more important than ever that people charged with drug, alcohol or sex offenses, or accused of a probation violation in a sex, drug, alcohol, or DWI probation violation case, MUST hire a highly experienced such as Keller Law Offices, call 952-913-1421, or click www.KellerLawOffices.com.
September 3rd, 2010
Yesterday, the Minnesota Supreme Court re-affirmed the principle that a person does not have to “voluntarily” give police incriminating evidence, including a DNA sample, and by inference, other biological evidence such as a blood, breath or urine sample. See State v. Larson. Since the Supreme Court ruled in Larson that it was illegal for the trial judge to to mention that the defendant refused to to take a voluntary DNA test, doesn’t this mean that the DWI refusal statute, Minn. Stat. Sec. 169A.20, subd. 2, is unconstitutional. The police can ask you to voluntarily blow into a machine or give a DNA sample, or allow a search of your house. BUT, you have a right under the Fifth Amendment to refuse to *voluntarily* give evidence against yourself, whether in the form of a statement or in the form of biological evidence or specimen, like a cheek swab or DNA test. The police, of course, can always get a warrant to force you to give a blood sample or allow a search of your basement. SO, doesn’t that mean the crime of DWI Test refusal is an Unconstitutional violation of your right not to give evidence against yourself ??? If the police have a warrant or probable cause and exigent circumstances, they can take a sample from you, but they can’t punish you for not voluntarily giving up the goods, right???
If you have been unfairly charged with DWI Test Refusal in violation of your Fifth Amendment right to remain silent, WE CAN HELP YOU. Call Keller Law Offices at 952-913-1421 or visit www.KellerLawOffices.com.
Tags: DWI, DWI Laws Unconstitutional, DWI Test Refusal, Fifth Amendment, Right Against Compelled Self Incrimination, Right to Remain Silent, Warrantless Search
August 14th, 2010
According to national media reports, incidents of people being charged with criminal sexual conduct for exchanging naked or explicit pictures of each other, or other similar conduct, is on the rise. See http://tinyurl.com/27nuo22. If you or someone you know has been charged with a sex crime, contact 952-913-1421 or www.KellerLawOffices.com for defense of a sex crime, sexting, sextortion, possession of pornography, or criminal sexual conduct.
July 20th, 2010
On July 15, 2010, defense attorney Max A. Keller of Keller Law Offices won a jury trial acquittal on behalf of his client on a count of driving under the influence of alcohol. Mr. Keller’s client was acquitted of this DWI charge even thought the client had tested over the legal limit and had put his car in a snowbank. Mr. Keller successfully challenged the un-scientific field sobriety tests, such as the “Horizontal Gaze Nystagmus” (HGN) eye test. Mr. Keller also showed that the police officer failed to administer the field sobriety tests in the manner in which he claimed. In addition, Mr. Keller showed that the police officer did not administer the field sobriety tests in the manner he was trained according to the NHTSA (Natl. Hwy. Traffic Safety Administration) manual. Therefore the tests were not valid.
Tags: Carver Co. DWI, Carver County Defense, Carver County Defense Attorney, Carver County DWI, Carver County DWI Attorney, Carver County DWI Defense Attorney
July 12th, 2010
Within the last few days, the curtain has once again been pulled back to reveal the wizard has no idea what he is doing. At the beginning of July, the brand new Tri-County lab (which analyzes forensic evidence from Anoka, Wright, and Sherburne Counties) quietly revealed to prosecutors that they had incorrectly analyzed the DWI urine samples of hundreds of DWI suspects over the last year. The lab conspicuously failed to announced their HUGE error to the public, but left that dirty work to prosecutors and others. See http://tinyurl.com/37zrbdj. This is why a coalition of criminal defense attorneys, See http://tinyurl.com/23978en, of which Max Keller of Keller Law Offices is a member, have vigorously pursued the source code for the Intoxylizer–the more we dig into to these things, the more mistakes and frauds we find. See http://tinyurl.com/24t88lq If YOU think your breath blood or urine test for DWI was not accurate and you want to save your freedom and your reputation, call Keller Law Offices now at 952-913-1421 or visit www.KellerLawOffices.com
June 18th, 2010
Public Defenders in Minnesota have been quoted as saying that they cannot possibly provide Constitutionally adequate effective assistance of counsel to their DWI clients! In other words, they are admitting they cannot do a good enough job defending drivers suspected of DWI…..Why? Because the Public Defenders are not allowed to represent you in your implied consent driver license revocation or DWI vehicle forfeiture cases … Yet another reason you need experienced private counsel for your case so you don’t lose your license OR your car! Call Max Keller, experienced criminal DWI defense attorney and former Assistant Attorney General, at 952-913-1421 or visit www.KellerLawOffices.com
June 11th, 2010
Minnesota Governor Tim Pawlenty, in another blow against justice, has vetoed a bill that would have prevented police and prosecutors from charging people with a First Degree Controlled substance offense bringing a 86 month presumptive prison sentence. See here. and here . In so doing, the Governor admitted that the law as applied is unfair. Yet, he refuses to sign into law a bill providing justice for those unjustly charge under the draconian drug laws sending someone to prison for 7 years! This also exposes the false claims of Governor Pawlenty to be a fiscal conservative. If he we really interested in spending our hard-earned tax dollars wisely, then he would not send a minor criminal to Prison for 86 months. All the prison time for a non-violent drug offender costs all of us taxpayers a LOT of money.
The upshot of all this is that you need a good, hard-nosed, experienced Criminal Defense attorney at your side fighting for you if you are charged with a drug crime. If you need legal help or legal representation for a drug crime in Minnesota, call 952-913-1421 NOW or visit our website at www.KellerLawOffices.com
Tags: Bong Water, Felony, Felony Drug, Felony Drug Attorney, Felony Drug Conviction, Felony Drug Lawyer, First Degree Drug Crime, Governor Pawlenty, Tim Pawlenty, Veto
May 24th, 2010
In this Ramsey County Criminal Domestic Violence case, Mr. Keller’s client was a prominent Hispanic artist from Minneapolis. The artist had been convicted of Violating an Order for Protection (VOFP) from an incident almost 10 years ago in 2001. When Mr. Keller’s client applied for citizenship, he was denied citizenship based on this 10-year old incident in which his client plead guilty with another attorney and the charges were later dismissed in 2003 after probation was successfully completed. Even though the client had no conviction for VOFP on his record, his previous guilty plea alone was enough to cause ICE (successor agency to INS) to deny the client citizenship and a renewal of his green card! As a result, Mr. Keller filed a Motion to Withdraw the Guilty Plea, got a Ramsey County Criminal Judge to schedule a hearing within less than a week of Keller Law Office’s filing the Motion, and subsequently got the Ramsey County Criminal Court to grant his Motion to Withdraw his client’s Guilty Plea, and then convince the St. Paul City Attorney’s Office to Dismiss the revived criminal charge against his client. Thus there was nothing left on his client’s record whatsoever. The client and his American born wife were extremely happy and were no ready for the Client to renew his citizenship application and become a U.S. Citizen so that he could continue his career in art and teaching art to young people.
Tags: Commercial Driver's License, Immigrants, Immigration and Crimes, Minnesota Sex Crimes, Motion to Withdraw Plea, OFP, Order for Protection, Ramsey County Crime, Ramsey County Criminal, Ramsey County Criminal Defense Attorney, VOFP
May 23rd, 2010
Just a couple of days ago, Governor Pawlenty signed the DWI Ignition Interlock Bill into Law. See here and here. The new DWI law for Ignition Interlock to allow driver’s to get your Driver’s License back more quickly does not go into effect until July 1, 2011 to give the Department of Public Safety (DPS) more time to write rules on this new DWI Ignition Interlock law and to iron out the details. As it stands, it will cost drivers about $100 per month to be on Ignition Interlock, and all repeat offenders, as well as those who get a first time DWI at an alcohol concentration of .16 or more, will be required to sign up for Ignition Interlock unless they want to be without a Driver’s License for at least 180 days. Many drivers, however, are already eligible for Ignition Interlock, which may reduce a driver’s mandatory minimum sentence. Check back here or at www.dwi-legal.com for more details as they become available or call 952-913-1421 for more information about DWI Ignition Interlock in Minnesota.
Tags: Anoka County Criminal Defense, Anoka County DWI Defense Attorney, DWI Defense, Ignition Interlock
May 18th, 2010
The Minnesota House and Senate have voted overwhelmingly to tighten, once again, penalties for those accused of a DWI in Minnesota. This new bill, which the governor is about to sign into law, will dramatically broaden the use of the Ignition Interlock device across the State of Minnesota in DWI cases. This includes those whose driver’s licenses have been canceled or revoked under the Implied Consent Law and those who driver’s license is canceled because they are deemed “Inimical to Public Safety, ” (Cancelled-IPS) as well as repeat DWI offenders and even first-time offenders who test .16 or more in a blood, breath or urine test at the police station. See http://tinyurl.com/2wnownw. As you may know, Ignition Interlock is a device attached to the steering wheel that driver’s must blow into to show that their alcohol concentration is below .02, or a vehicle equipped with Ignition Interlock will not start. Stay tuned and check back at Keller Law Offices, your one stop shop for DWI information, at www.dwi-legal.com for more information after Governor Pawlenty signs the Ignition Interlock into law and we get final details.
Tags: Ignition Interlock, New DWI Penalites, Tighter DWI Penalties, Tom Emmer
