When facing any criminal charges, it is absolutely crucial that the accused retain an experienced criminal defense attorney; the case of Eugene Rivetts is testimony to this.

In 2009, Rivetts  crossed the median and crashed his Hummer into the Corolla of 19-year-old Ryan DeZurik in central Minnesota. Dezurik was killed, and Rivetts’ passenger Timothy Rausch was originally charged with criminal vehicular homicide after Rivetts claimed that Rausch was driving. According to Assistant County Attorney Will Brost, it was DNA evidence which revealed that Rivetts was, in fact, the driver in the fatal crash.

Because Rausch was initially identified as the driver, Rivetts was never given a blood-alcohol-content test. However, using analysis of blood from the scene of the crash and bartender testimony, prosecutors were able to obtain a conviction for DWI vehicular homicide and on Wednesday, Rivetts received the state maximum 10-year prison sentence.

According to Stearns County Judge Mary Mahler, the sentence was justified due to a number of aggravating factors:

-Rivetts’ BAC level was estimated to be 0.26

-a history of DWI

-a previous criminal vehicular homicide conviction in 1989

While very few DWI offenders are handed the maximum sentence, such an outcome is always a very real possibility. It is absolutely crucial to retain a mn criminal defense attorney who is experienced in DWI cases.

Related

Guest blog by anonymous former client

After getting a DWI you will likely be asked to get a chemical health assessment.  During that assessment you will be asked a lot of questions about your chemical use such as:

• When you drink
• Where you drink (bars, at home, etc.)
• How much and how often you drink
• What reasons you drink (when you’re under stress, to have fun, to relax, etc.)

The assessment is done to determine if you are chemically dependent or at risk of becoming chemically dependent.  It is extremely helpful to your legal case to get an assessment done before you go to court as it shows that you take your case seriously.

The average cost of an assessment is $250.00.  One thing to keep in mind is that many places do not accept health insurance for assessments.  The benefit of this is that your health insurance company will not have access to these records and it also keeps this information off of your permanent medical record.  Once you have completed an assessment you will need to follow the recommendations.

First time DWI offenders are placed in a level 1 or level 2 DWI class.  Level 1 is an 8 hour class while level 2 is 12-16 hours. These classes are designed for individuals who can benefit by more education about alcohol and drug use.

For second or third time offenders, outpatient or inpatient treatment is usually recommended.  An outpatient program typically runs about 6-8 weeks and is for individuals that have been diagnosed as chemically dependent or abusive.  Inpatient treatment is for individuals with severe chemical dependency issues.  The typical stay is 28-30 days.

These programs are designed to help you learn about yourself and your relationship with drugs and alcohol.  You will be asked to share information about yourself, and while it is not always comfortable to share personal information with complete strangers, you might be surprised at how much you will relate to other people.  You might even find it therapeutic.

I was enrolled in an outpatient program earlier this year and this particular scenario was very hard for me.  I am a very private person and sharing what was going on in my life with complete strangers was very difficult and uncomfortable.  There were parts of the program that worked for me and parts that didn’t.  I got more out of listening to other people’s situations and trying to gain wisdom through their experiences than I did by sharing my own.  When I completed the program I felt a huge sense of accomplishment because I had made it through something that was really hard for me.

While I personally did not enjoy treatment, not everyone has the same experience.  My advice is to try to make treatment work for you by finding something you can take away from it. It will be worth it in the end.

NY prosecutors have begun using a recent sex-trafficking law to bypass the criminality of prostitutes and, instead, focus their attention on the patrons and pimps. Under the statute, those who promote the prostitution of others can be slapped with sex trafficking charges, even if the prostitutes don’t identify themselves as victims of trafficking.

In late April, a father-and-son pair of pimps were arrested and indicted on sex trafficking charges. The prostitutes employed by the two men were all over 18 and none considered themselves victims of coercion or trafficking. However, the Manhattan district attorney’s office listened to recorded phone conversation and, under the new law, determined that then men had coerced the women into working for them.

The prostitutes in this case have been afforded victim status and as victims of sex trafficking, they will not be prosecuted. The district is now offering various resources to these women for the purpose of rebuilding their lives.

While the prostitutes in this case have been afforded immunity of sorts, the pimps are facing the much tougher penalties which come with sex trafficking charges. Under the traditional law, promoting prostitution of an adult carried a maximum sentence of 15 years in prison; johns who solicited the services of an adult prostitute faced up to 90 days in jail. The new sex trafficking statute increases the maximum penalties for both pimps and patrons; promotion of prostitution now carries a 25-year maximum penalties and solicitation of prostitution can lead to one year in jail.

Under the federal law passed in 2000, sex trafficking was defined as the transport of a prostitute across state lines. However, the NY statute reconsidered what constitutes sex trafficking and the law was broadened to include  direct or indirect methods used to control a prostitute. Threats of physical harm, tarnishing a reputation, or in any way attempting to interfere with a person’s health, safety, or immigration status are now included within the scope of NY sex trafficking law.

According to MN criminal defense attorney Avery Appelman, the laws governing promotion of prostitution are quite broad and can be applied to a wide range of actions. If a person answers the phone for a prostitution transaction, pays for a prostitution-related advertisement, or provides transportation for an act of prostitution, a determined prosecutor could  charge that person with promotion of prostitution.  Law enforcement employs a great number of tactics meant to target those involved in the sex work industry.  If you are facing charges relating to prostitution, you need to contact an attorney  experienced with prostitution cases right away.

Related Sources:

NY Times

The internet has been abuzz with reports that the town of Fort Lee, N.J has banned texting while walking. The law has seldom been enforced, however the department recently enacted a public education campaign meant to address the danger of distracted walking. After a period of handing out educational text to pedestrians, police have begun cracking down.

Pedestrians who are caught texting will receive a citation of $54 or $85, according to conflicting reports. However, Ripoli has reassured the public that this citation would only be issued if the texter is currently jaywalking.

This new policy is  Fort Lee’s attempt to combat a recent increase in pedestrian fatalities.

While the new policy may seem sensible, there are many issues which may be encountered while enforcing this law:

The statute only identifies texting as the punishable offense. A citizen could contest a citation by arguing that they were not, in fact, text-messaging at the time of the offense.

Additionally, the new law in New Jersey exemplifies a recent tendency to legislate and criminalize personal irresponsibility. While distracted walking may indeed present a danger, is it a serious enough infraction to warrant the resources of the court system?

According to Chief Ripoli, over 100 citations have already been issued. After a lengthy period of not enforcing the statute, police began cracking down on this new branch of offenders–”Even kids,” said Ripoli, “we just hope their parents would make them pay the fine. After all, this is for the safety of the public.”

The story from New Jersey is reminiscent of Minnesota’s recent ban of texting while driving. In 2008, former governor Tim Pawlenty instituted a new law stating “no person may operate a motor vehicle while using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic.”

In fact, Minnesota police have found that this law tends to be difficult to enforce. According to MN criminal defense attorney Avery Appelman, proving that an offender was texting is an enormous burden on law enforcement. “To prove that text messages were sent, police would have to seize the phone–which they cannot do without a warrant.”

In Minnesota, the penalty for a first time offense of texting while driving is $300.  This law is rife with loopholes; an experienced MN criminal defense is a crucial resource for finding a favorable outcome.

Related Sources:

ABC News

The North Jersey Record

In a ground-breaking decision on Tuesday, the NY State Court of Appeals ruled that under the federal law, viewing child pornography is legal.

This is no way applies to the possession, distribution, or creation of child pornography. However, according to the judge presiding over the case, simply viewing the images does not violate current child pornography laws.

The judge wrote that unless a defendant has made some affirmative act such as printing, downloading,  saving, or some other action which indicates that he was in control of the image, the defendant cannot be held accountable for seeing the image. Another judge clarified that as a result of this ruling, “the purposeful viewing of child pornography on the internet is now legal in New York.”

As a result, the charges against James D. Kent were dismissed after being sentenced to 1-3 years in 2009.  Kent, a professor at a NY college was convicted of possession of child pornography after nearly 100 images were found stored on his Internet web cache.

New York has not legalized the viewing of child pornography per se. The ruling is the result of a lengthy appeal which highlighted the hole in federal law. Nationwide, the laws banning child pornography are the same: the loophole exists, this appeal exploited it, and now a strong precedent has been set for any future proceedings of this nature.

Under MN law, possession an image of a minor engaged in sexual conduct in any of the following formats is considered possession of child pornography:

• Undeveloped film
• Photographic negative
• Photograph
• Motion picture
• Videotape
• Other recording
• Drawing or Cartoon
• Sculpture
• Painting

A first-time possession of child pornography charge is a felony punishable by up to five years in jail and/or payment a $5,000 fine. A second offense carries double the penalties: up to 10 years in jail and/or up to a $10,000 fine. Child pornography offenses are very serious in MN, if you have any questions, contact an experienced MN criminal defense attorney right away.

Guest blog by anonymous former client

For me, the most frustrating part about getting a DWI was losing my driving privileges.  Not being able to just get in my car and go wherever I want has been a challenge. However, there are a couple of options for getting around.  The ignition interlock system is a great program that allows a person convicted of a DWI to have their driving privileges reinstated sooner than would otherwise be allowed.

While it is a little embarrassing to blow into a tube in order to start your car, it beats not driving at all. My biggest issue with the ignition interlock system is the expense.  The installation of the device costs about $120, the monthly payment is about $120, and every 60 days you have to recalibrate it, which costs another $100.  Tack on some skyrocketing car insurance and you’re broke.

Another less expensive option is public transportation.   Trust me, there is nothing glamorous about taking the bus but it gets you to where you need to go and it’s much more affordable. A bus fare ranges from $2.00-$3.00 and each fare includes a 2 ½ hour transfer.  You can pay cash for each fare but if you are going to be riding the bus on a regular basis I would suggest that you purchase a bus pass.  Metro Transit has GO-TO cards which work like a debit card.  You add money to them and then scan them as you enter the bus, and it automatically deducts your bus fare.  The nice thing about these cards is that you can recharge them online or at any metro transit store.   A monthly bus pass will allow you unlimited rides for 31 consecutive days and will range from $85 to $113.

While it is definitely more time consuming to ride the bus, its more affordable than the ignition interlock program.  And chances are if you just got a DWI you don’t have a whole lot of extra money lying around.

The Charleston attorney who was ordered to wear a home monitoring bracelet after assaulting a former client is now suing Kanawha County for damages from an infection that he claims was caused by the ankle monitor.

In January 2009, West Virginia attorney Joshua Robinson was charged with malicious wounding, unlawful wounding, obstructing, and embezzlement following an altercation with a former client.  In April 2010, Robinson pleaded guilty to the charge of unlawful wounding after the victim David Lee Gump refused to testify against his former attorney.

In August 2010, a Kanawha county judge sentenced Robinson to 1-5 years house arrest and ordered him to wear an electronic monitoring device.

According to Robinson, he developed an infection  ”in the course of wearing the ankle bracelet” which required him to undergo surgery. Robinson alleges that the county department responsible for the electronic monitoring program failed to maintain necessary standards of safety and hygiene.

Robinson states that upon examining the bracelet, he discovered mold and bacteria. According to Robinson, it is the responsibility of the monitoring division “to ensure the use and reuse of ‘ankle bracelets’ did not constitute a health hazard to the people within their custody or purview.”

In his lawsuit, Robinson alleges that the monitoring division failed to keep his bracelet sanitary. He is suing for “substantial medical expenses” of an unspecified amount.

The Hennepin County electronic home monitoring program is governed by the Department of Community Corrections and Rehabilitation. It is a sanction imposed by the courts in lieu of incarceration for low-risk offenders.  Offenders in the program are monitored continuously by the program staff and are required to meet the minimum standards of contact with the program administrators. At any given time, Hennepin County monitors about 200 offenders in the program.

Electronic home monitoring is often a favorable alternative to jail time. It allows the offender to maintain a relative amount of freedom while being held accountable for their actions and whereabouts. While the wearer is not able to remove the bracelet, it should be loose enough around the ankle so that the skin underneath may still be cleaned.

A similar bracelet is available in Minnesota for DWI offenders. The SCRAM bracelet combines home monitoring and alcohol detection in one device.

If you are facing criminal charges, an experienced MN criminal defense attorney is often able to negotiate a lighter sentence, such as electronic home monitoring. However, the attorney-client relationship doesn’t end there. If you are experiencing problems with a monitoring device, your attorney can be an invaluable source of assistance.

Related Sources:

West Virginia Record

On May 5th, the Animal Humane Society will be hosting its annual 5-mile Walk for Animals. Appelman Law Firm is an avid participant in the event and after months of fundraising, we will be making the trek on Saturday morning in Golden Valley.

In honor of the upcoming event, today we are going to discuss animal cruelty laws in Minnesota.

Minnesota statute 343.21 prohibits the following actions to be taken against animals:

Torture: It is illegal to torture, cruelly beat, neglect, or unjustifiably injure, maim, mutilate, or kill any animal. It is also forbidden to overwork any animal or work any animal which is unfit for labor. All of these apply whether or not the animal belongs to the offender.

Cruelty: It is a criminal offense to instigate or further any act of cruelty to any animal, or to commit any act which is likely to produce cruelty to animals.

The penalty for committing an act Torture or Cruelty against an animal which results in substantial bodily harm to a pet or companion animal is imprisonment of up to 1 year and a fine of up to $3,000.

If a person has already received a conviction for the same crime in the last 5 years, or the act or Torture or Cruelty causes death or great bodily harm to the animal, that maximum penalty is extended to 2 years imprisonment and fines of up to $5,000.

If the act of Torture or Cruelty is done to threaten, intimidate, or terrorize another person, the penalty is up to 4 years in prison and $10,000 in fines. That person may also be charged with Threatening Violence with Intent to Terrorize. This is a very serious crime which carries a maximum penalty of 5 years imprisonment and up to $10,000 in fines.

Harming a Service Animal: It is a gross misdemeanor to cause bodily harm to a service animal, or otherwise render that animal unable to perform its duties. If convicted, a person could face up to 2 years in prison and fines of $5,000.

If the harm done to the service animal causes death or great bodily harm to that animal, a person could face 4 years in prison and fines of up to $10,000.

In addition to any criminal penalties associated with harming a service animal, the court may also order a person to pay restitution for the costs and expenses which result from the crime. These include, but are not limited to: service animal user’s loss of income, veterinary expenses, transportation costs, expenses of temporary replacement assistance services, and the costs of replacing or retraining a service animal.  A  victim is also entitled to seek further damages in civil court.

Enclosure: No person may keep any animal in an enclosure without providing exercise or fresh air.

Abandonment: No person may abandon an animal. The exception is the lawful and responsible surrender of an animal to an appropriate animal welfare organization. In Minnesota, the Animal Humane Society is the governing body.

Temporary Abandonment: No person may allow a sick,  injured, or disabled animal to remain lying in a public place for more than three hours after taking notice of its condition.

Consequences:

In addition to criminal charges, there are many administrative actions which may be taken against a person who is convicted or cruelty to animals.

Even before a trial or verdict, any animals owned by a suspected offender–whether or not they were involved in the purported offense–are to be seized by  a law enforcement officer or animal control agent. It then becomes the responsibility of the defendant to prove their capacity to adequately care for the animal(s). The court may also impose other conditions including, but not limited to:

1. imposing a probationary period during which the person may not have ownership, custody, or control of a pet or companion animal;

2. requiring periodic visits of the person by an animal control officer or other appropriate agent;

3. requiring the person to perform community service; and

4. requiring the person to receive psychological, behavioral, or other counseling.

Although crimes of Cruelty to Animals are misdemeanor offenses in Minnesota, there are many aggravating factors which can  increase the severity of the charges and any potential penalties. Additionally, there can be overlap in offenses. Depending on the conditions of a case, a person may find that in addition to cruelty charges, they are also facing indictment on charges of terroristic threats or assault.

On May 5th, the Animal Humane Society of MN is hosting its annual Walk for Animals. As part of our commitment to the community, the Appelman Law Firm will be participating as a team. Every day, MN’s premier criminal defense firm is dedicated to protecting citizen rights and defending our clients. Tomorrow, the Appelman Law Dogs will be stepping out to defend the furry friends as well.

Click here to join us as we support the Animal Human Society’s efforts to improve the lives of Minnesota animals.

Guest blog by anonymous former client

Getting a DWI in Minnesota can be a very scary and overwhelming experience and it can often be very difficult to cope with the consequences that arise.  You will most likely,

• Lose your driver’s license;
• Pay heavy fines;
• Take a DWI class;
• You may be required to go to substance abuse treatment, depending on the degree of the DWI charge;
• You might even lose a little bit of dignity, I know I did.

When I got a DWI in December of 2011, I felt like my life was over, like there was no way I could dig myself out of the hole I’d created.  I needed help.  The Minnesota legal system can be very complicated and confusing.  I needed someone to walk me through the legal process and make sure my rights were protected.

I made the decision to retain MN criminal defense attorney Avery Appelman, and it was the best thing I could have done for myself.  Just knowing that I had somebody on my side to help navigate the system was a huge weight off my shoulders.

I know that many people are hesitant about retaining a criminal defense attorney, often due to the costs.  However, it can ultimately end up costing less money than pleading guilty.  A MN criminal defense attorney can help negotiate the outcome of your sentence, help to reinstate your driver’s license, and be a great support system during the difficult experience.

If you are worried about coming up with the money to cover the cost of an attorney, I strongly suggest that you ask friends and family for help.  I have found that more often than not, people are willing to help you during a difficult time in whatever ways possible.

When money mixes with relationships, tension can sometimes arise.  One way to ease any anxiety is to set up a payment plan with a contract stating the terms of repayment.  This may not solve all problems but believe me, it’s worth a shot.  It may seem like a lot of money, but it’s worth it and in the end, it may be far less that the fines you would pay if you plead guilty to the DWI charge.

At the end of the day, it’s your life and you need to do what’s right for you.  The experience of a DWI in Minnesota is different for everyone.  For me, the most important thing was to move on with my life.  Retaining a MN criminal defense attorney was a crucial step in that process.  Avery Appelman was able to alleviate a lot of the stress and uncertainty of my case.  My decision to retain a criminal defense attorney allowed me to pick up the pieces and move forward with my life.

In April of 2012, Minnesota defense attorney Stacy Kaye put her litigating skills to work to negotiate a fair sentence for her client.  In 2009, P.S. (Note: Client name abbreviated to protect ID) was picked up for driving with a revoked license.  During the stop, officers found meth in his car.  He was arrested and charged by police with two violations of a controlled substance sale in the first and fourth degree.

Before this incident, the cops had set up several controlled buys with P.S. as the target, which they documented and recorded.  The drug task force and DEA approached him in jail and persuaded him to work for them as a confidential informant in exchange for “consideration” of his charges and he agreed.

After two years of constant pressure to provide information, law enforcement decided they were not happy with the work that he did and referred the present case to the county attorney for prosecution.  However, during this time P.S. had completely turned his life around.  He completed an intensive inpatient treatment program, cut off contact with old friends and former drug associates, began going to Alcoholics Anonymous regularly, and stayed out of trouble. When he realized that law enforcement had gone back on their word he knew he needed help.  That’s when he retained Minneapolis drug defense lawyer Stacy Kaye.

P.S. pled guilty to one violation of a controlled substance sale in the first and fourth degree.  At his sentencing the state asked the judge for a sentence of 86 months in prison.  Ms. Kaye asked for a downward departure to local jail on the grounds of his cooperation, amenability to treatment and probation, support of friends and family and no prior felonies or a history of violence.    Stacy asked the court to consider one year in the county jail, followed by an extensive, intensive period of probation and a wide range of other sentencing consequences. The judge agreed and gave P.S. only six months of local time.  In local jail he is allowed visits from family, he’s eligible for work release, community service and other programming that will help him be a productive member of society once he is released.

“This is a great example of how we partner with our clients,” says Stacy.  “ I could have put together the most persuasive argument but if he wouldn’t have done the work and stayed out of trouble, the results wouldn’t have been nearly as favorable.”