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Justice Denied Anywhere

Diminishes Justice Everywhere.

~ Martin Luther King, Jr.

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Phone - 612.217.0077
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Law@AschemanSmith.com

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Lawyer Landon Ascheman
Featured Attorney Criminal Defense

Grant Smith
651.357.5990
Grant@AschemanSmith.com
www.linkedin.com/in/gsmithesq

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Ascheman & Smith Blog

Law Guru Answers

These are some of the Questions that Ascheman & Smith have answered at Law Guru.

Posted on Thu, November 18, 2010 by Landon Ascheman filed under

Ascheman & Smith Criminal Defense Blog

Case Blog: State v. Craig

Tue, March 5, 2013
Case Blog: State v. Hayes

Mon, March 4, 2013
Case Blog: Ferguson v. State

Sun, March 3, 2013
Case Blog: Johnson v. Williams

Mon, February 25, 2013
Case Blog: Henderson v. United States

Sun, February 24, 2013

March 2013

3 posts (No comments)
- Case Blog: State v. Craig
  
  Tue, March 5, 2013 (No comments)
- Case Blog: State v. Hayes
  
  Mon, March 4, 2013 (No comments)
- Case Blog: Ferguson v. State
  
  Sun, March 3, 2013 (No comments)
February 2013

6 posts (No comments)
- Case Blog: Johnson v. Williams
  
  Mon, February 25, 2013 (No comments)
- Case Blog: Henderson v. United States
  
  Sun, February 24, 2013 (No comments)
- Case Blog: Evans v. Michigan
  
  Sat, February 23, 2013 (No comments)
- Case Blog: Chaidez v. United States
  
  Fri, February 22, 2013 (No comments)
- Case Blog - False Positive Drug Dog
  
  Thu, February 21, 2013 (No comments)
- Case Blog: Bailey v. United States
  
  Wed, February 20, 2013 (No comments)
January 2013

1 post (No comments)
- Burden of Defense
  
  Thu, January 10, 2013 (No comments)
November 2012

1 post (No comments)
- Basis for Expungement
  
  Mon, November 26, 2012 (No comments)
October 2012

3 posts (No comments)
- Case Blog: Expungement - win?
  
  Tue, October 23, 2012 (No comments)
- Double-Jeopardy - Sufficiency of the Evidence
  
  Tue, October 2, 2012 (No comments)
- Life Sentence - Minimum Term
  
  Mon, October 1, 2012 (No comments)
September 2012

7 posts (No comments)
- No Contact = No Contact
  
  Sun, September 30, 2012 (No comments)
- Proper Jury Instructions
  
  Sat, September 29, 2012 (No comments)
- Lesser Included Offenses
  
  Fri, September 28, 2012 (No comments)
- Trial Issues
  
  Thu, September 27, 2012 (No comments)
- Elements of a DANCO JIG
  
  Thu, September 13, 2012 (No comments)
- Define "Stacked"
  
  Wed, September 12, 2012 (No comments)
- Vehicle Forfeiture & Torgelson
  
  Tue, September 11, 2012 (No comments)
August 2012

9 posts (No comments)
- Flashing the High-Beams
  
  Fri, August 31, 2012 (No comments)
- Post Conviction Relief - Better have new evidence
  
  Wed, August 29, 2012 (No comments)
- Out of State Convictions
  
  Tue, August 28, 2012 (No comments)
- DANCO OK'ed
  
  Mon, August 27, 2012 (No comments)
- Appealing a Plea & Double Jeopardy
  
  Tue, August 14, 2012 (No comments)
- State of Minnesota vs. William Grigsby
  
  Thu, August 9, 2012 (No comments)
- Battered Woman Syndrome and Trial
  
  Wed, August 8, 2012 (No comments)
- Challenging Appeal Issues
  
  Tue, August 7, 2012 (No comments)
- Custody Credit Denied
  
  Mon, August 6, 2012 (No comments)
July 2012

5 posts (No comments)
- Attorney Client Relationships can be difficult - find an attorney that fits
  
  Mon, July 30, 2012 (No comments)
- Limit on the First Amendment
  
  Tue, July 24, 2012 (No comments)
- Cell Phone Protection - MN Takes a Step in the Right Direction
  
  Mon, July 23, 2012 (No comments)
- Bad News for Post Convictions
  
  Mon, July 23, 2012 (No comments)
- Restitution while on Probation - There is an end to the tunnel
  
  Mon, July 9, 2012 (No comments)
June 2012

2 posts (No comments)
- Freedom of Facebook
  
  Sun, June 24, 2012 (No comments)
- Padilla Doesn't Apply Retroactively
  
  Sat, June 23, 2012 (No comments)
January 2012

3 posts (No comments)
- Standard Citations
  
  Wed, January 4, 2012 (No comments)
- Drug Sniffing Dog Gone Too Far
  
  Tue, January 3, 2012 (No comments)
- STD Crimes
  
  Mon, January 2, 2012 (No comments)
December 2011

4 posts (No comments)
- Illinois Revamps Crim Law
  
  Sat, December 31, 2011 (No comments)
- Busted for Permanent Markers
  
  Fri, December 30, 2011 (No comments)
- Warrant Crackdown
  
  Tue, December 13, 2011 (No comments)
- Know your Rights
  
  Mon, December 12, 2011 (No comments)
November 2011

1 post (No comments)
- Thankful for Clients 2011
  
  Wed, November 23, 2011 (No comments)
October 2011

2 posts (No comments)
- Expungement CLE - October 27 2011
  
  Thu, October 20, 2011 (No comments)
- Clarifying 609.2241
  
  Tue, October 11, 2011 (No comments)
September 2011

2 posts (No comments)
- NPR Calls it like they See it
  
  Wed, September 28, 2011 (No comments)
- NPR Call's it like they See it
  
  Wed, September 28, 2011 (No comments)
August 2011

5 posts (No comments)
- State v. Heiges
  
  Mon, August 29, 2011 (No comments)
- In the Matter of the Welfare of A.T.Y, Child
  
  Thu, August 18, 2011 (No comments)
- State v. Hanson
  
  Sun, August 7, 2011 (No comments)
- Missouri's "Facebook Law" Gets It All Wrong
  
  Wed, August 3, 2011 (No comments)
- State v. Leathers
  
  Tue, August 2, 2011 (No comments)
June 2011

1 post (No comments)
- Client Testimonial - 20110617
  
  Fri, June 17, 2011 (No comments)
April 2011

6 posts (No comments)
- Misdemeanor Charges
  
  Wed, April 27, 2011 (No comments)
- Burglary
  
  Wed, April 27, 2011 (No comments)
- Drug Crimes
  
  Sun, April 17, 2011 (No comments)
- DWI - Hit & Run Dismissed
  
  Thu, April 14, 2011 (No comments)
- Client Testimonial 12042011
  
  Tue, April 12, 2011 (No comments)
- Criminal Defense
  
  Sun, April 10, 2011 (No comments)
February 2011

2 posts (No comments)
- Client Testimonial - 20100214
  
  Mon, February 14, 2011 (No comments)
- Client Testimonial - 20110213
  
  Sun, February 13, 2011 (No comments)
January 2011

6 posts (1 comment)
- Recording the Police
  
  Mon, January 31, 2011 (1 comment)
- New Facebook Profile!
  
  Thu, January 27, 2011 (No comments)
- Another Win for Ascheman & Smith
  
  Thu, January 13, 2011 (No comments)
- Disorderly Conduct and You
  
  Wed, January 12, 2011 (No comments)
- Case Blog State of MN v. Antoine Lamont Hollins
  
  Tue, January 11, 2011 (No comments)
- How do I get a conviction off my record?
  
  Wed, January 5, 2011 (No comments)
December 2010

5 posts (1 comment)
- 2 am phone call - Hearsay
  
  Fri, December 17, 2010 (1 comment)
- LQOTD - Disorderly Conduct
  
  Mon, December 13, 2010 (No comments)
- Burnsville MN - Dakota County - AXON video system
  
  Sun, December 5, 2010 (No comments)
- Judge Posner Quote of the Day - 20101204
  
  Sat, December 4, 2010 (No comments)
- Facebook - Legal question of the day - Batman
  
  Thu, December 2, 2010 (No comments)
November 2010

9 posts (No comments)
- Case Blog State v. Thompson 788 N.W.2d 485, Minn 2010 - Murder charges
  
  Sat, November 27, 2010 (No comments)
- Drunk Driving Enforcement Increases
  
  Tue, November 23, 2010 (No comments)
- Law Guru Answers
  
  Thu, November 18, 2010 (No comments)
- Hollywood Police Myths
  
  Fri, November 12, 2010 (No comments)
- Speaking Event for Ascheman & Smith - Hanging Your Own Shingle (career PLP)
  
  Fri, November 12, 2010 (No comments)
- Scary Story - Vampire Police
  
  Wed, November 10, 2010 (No comments)
- "Fake Pot"
  
  Mon, November 8, 2010 (No comments)
- Nordby v. WATCH (Continued)
  
  Sat, November 6, 2010 (No comments)
- Quote - Robert Trott
  
  Wed, November 3, 2010 (No comments)
October 2010

19 posts (1 comment)
- Case Quote - rane v. Kentucky, 476 U.S. 683, 690 (1986)
  
  Wed, October 27, 2010 (No comments)
- WATCH v. Judge Norby
  
  Mon, October 25, 2010 (1 comment)
- Case Quote - Washington v. Texas, 388 U.S. 14, 19 (1967)
  
  Wed, October 20, 2010 (No comments)
- Memo to the Court: (3) Suppression Memo
  
  Tue, October 19, 2010 (No comments)
- Case Blog - State v. Zabawa
  
  Fri, October 15, 2010 (No comments)
- Memo to the Court: (2) Urine Pooling
  
  Thu, October 14, 2010 (No comments)
- Scrap the .08 - lets go back to actual impaired driving
  
  Thu, October 14, 2010 (No comments)
- Case Quote - United States v. Cronic, 466 U.S. 648, 655-56 (1984)
  
  Wed, October 13, 2010 (No comments)
- Memo to the Court (1) Expungment Memo
  
  Tue, October 12, 2010 (No comments)
- Electronic Signatures for Civil Commitment
  
  Mon, October 11, 2010 (No comments)
- Old Spice Grover
  
  Mon, October 11, 2010 (No comments)
- Avvo Questions & Answers
  
  Sat, October 9, 2010 (No comments)
- Case Blog: Roby v. State - A10-399
  
  Fri, October 8, 2010 (No comments)
- Case Quote - Herring v. New York, 422 U.S. 853, 862 (1975)
  
  Wed, October 6, 2010 (No comments)
- Glad I'm an American
  
  Wed, October 6, 2010 (No comments)
- Juvenile Detention
  
  Mon, October 4, 2010 (No comments)
- Quote - Cynthia Roseberry
  
  Sat, October 2, 2010 (No comments)
- Quote from the Bench - U.S. v. Broomfield (2005)
  
  Fri, October 1, 2010 (No comments)
- Case Blog: Laine v. Minnesota A09-323
  
  Fri, October 1, 2010 (No comments)
September 2010

15 posts (3 comments)
- Interstate Compact for juveniles
  
  Mon, September 27, 2010 (No comments)
- Case Blog: Davis v. Minnesota A09-1983
  
  Fri, September 24, 2010 (No comments)
- MSBA - Top 25 MN Law Blogs
  
  Fri, September 24, 2010 (1 comment)
- Civilly Committed Sex Offenders
  
  Wed, September 22, 2010 (No comments)
- Client Testimonial - 20100921
  
  Tue, September 21, 2010 (No comments)
- Violent Crime Coordinating Council
  
  Fri, September 17, 2010 (No comments)
- Increases in Domestic Abuse Law
  
  Fri, September 17, 2010 (No comments)
- Salvia Divinorum or Salvinorin A - now illegal
  
  Wed, September 15, 2010 (1 comment)
- The implementation of ignition interlock laws
  
  Mon, September 13, 2010 (1 comment)
- Don't block the cross traffic...
  
  Fri, September 10, 2010 (No comments)
- An "Enhanced driver's license" is a driver's license... surprised?
  
  Wed, September 8, 2010 (No comments)
- Post sentence or supervision DNA demand
  
  Mon, September 6, 2010 (No comments)
- DUI NHTSA
  
  Sat, September 4, 2010 (No comments)
- Must have certificate for Overdimensional load escort
  
  Fri, September 3, 2010 (No comments)
- They sold it this way...
  
  Wed, September 1, 2010 (No comments)
August 2010

11 posts (No comments)
- Change in Predatory Offender Registration
  
  Mon, August 30, 2010 (No comments)
- Identity Theft Expanded
  
  Fri, August 27, 2010 (No comments)
- Service Animals protected under the law
  
  Wed, August 25, 2010 (No comments)
- Documents to be provided on CD-DVD
  
  Mon, August 23, 2010 (No comments)
- CSC 3&4 in Secure Treatment Facilities
  
  Fri, August 20, 2010 (No comments)
- Change in Firearm on School Property
  
  Wed, August 18, 2010 (No comments)
- Record Week
  
  Tue, August 17, 2010 (No comments)
- Change to PSI for Felony Drug
  
  Mon, August 16, 2010 (No comments)
- Credit for Time Served? Pay for it!
  
  Sat, August 14, 2010 (No comments)
- Time to Scrap the Intoxilyzer
  
  Fri, August 13, 2010 (No comments)
- DUI Client avoids conviction
  
  Tue, August 3, 2010 (No comments)
July 2010

2 posts (No comments)
- Love and Lies
  
  Wed, July 28, 2010 (No comments)
- Intoxilyzer Source Code update
  
  Sun, July 4, 2010 (No comments)
June 2010

12 posts (1 comment)
- New Statute - EVIDENCE OF VIDEOTAPES, AUDIOTAPES, OR OTHER RECORDINGS.
  
  Thu, June 17, 2010 (No comments)
- New DWI Laws - DWI Blood Test
  
  Wed, June 16, 2010 (No comments)
- New Statute - Subversion of Examination
  
  Tue, June 15, 2010 (No comments)
- Statute Change - Public Defender Funding
  
  Mon, June 14, 2010 (No comments)
- "Damn Your Drunk Tests Are Hard"
  
  Thu, June 10, 2010 (No comments)
- Case Blog - Harrison vs. Commissioner of Public Safety – MN Ct. App.
  
  Thu, June 10, 2010 (No comments)
- Civil DUI Guide
  
  Thu, June 10, 2010 (No comments)
- Client Testimonial - 20100607
  
  Tue, June 8, 2010 (No comments)
- Meet our Law Clerk: Courtney Marshak
  
  Tue, June 8, 2010 (No comments)
- Case Blog - State v. Wertheimer - Minn. SCt
  
  Fri, June 4, 2010 (No comments)
- Case Blog - State v. Carufel - Minn. SCt
  
  Fri, June 4, 2010 (1 comment)
- William Mitchell Professor Arrested in Rwanda
  
  Wed, June 2, 2010 (No comments)
May 2010

5 posts (1 comment)
- Free Prof. Peter Erlinder
  
  Mon, May 31, 2010 (No comments)
- Case Blog - State v. Matthews - Minn. SCt
  
  Wed, May 26, 2010 (No comments)
- Case Blog - State v. Ferguson - MN SCt
  
  Mon, May 24, 2010 (No comments)
- Case Blog - State v. Holmes - MN SCt
  
  Tue, May 11, 2010 (No comments)
- Case Blog - State v. Moua Her - MN SCt
  
  Sun, May 9, 2010 (1 comment)
April 2010

8 posts (2 comments)
- Case Blog - Bloate v. U.S. - U.S. Supreme Court
  
  Thu, April 29, 2010 (No comments)
- Case Blog - Padilla v. Kentucky - U.S. Supreme Court
  
  Tue, April 20, 2010 (1 comment)
- Case Blog - State v. Cox A08-145 MN SCt 2010
  
  Sun, April 18, 2010 (No comments)
- Using the law as a blunt object: Wisconsin DA threatens prosecution for teaching new sex ed class
  
  Fri, April 9, 2010 (No comments)
- Case Blog - Comcast v. FCC
  
  Wed, April 7, 2010 (No comments)
- Private E-mail
  
  Mon, April 5, 2010 (1 comment)
- Blood Testing in DUI
  
  Sat, April 3, 2010 (No comments)
- 10 Rules for Dealing with Police
  
  Fri, April 2, 2010 (No comments)
March 2010

10 posts (1 comment)
- Hearsay Publication
  
  Sun, March 21, 2010 (No comments)
- Case Blog - State v. Lessley
  
  Sun, March 21, 2010 (No comments)
- Client Testimonial - 18032010
  
  Thu, March 18, 2010 (No comments)
- Happy St. Patrick's Day
  
  Wed, March 17, 2010 (No comments)
- DWI Vehicle Forfeiture
  
  Fri, March 5, 2010 (No comments)
- DWI Administrative Plate Impound
  
  Thu, March 4, 2010 (No comments)
- Review of DWI License Revocation
  
  Wed, March 3, 2010 (No comments)
- Test Refusal - DWI
  
  Tue, March 2, 2010 (No comments)
- Florida v. Powell - US Supreme Court - Case Review
  
  Mon, March 1, 2010 (1 comment)
- DWI Affirmative Defenses
  
  Mon, March 1, 2010 (No comments)
February 2010

42 posts (2 comments)
- Maryland v. Shatzer - US Supreme Court - Case Review
  
  Sun, February 28, 2010 (No comments)
- Zombie Rights
  
  Sun, February 28, 2010 (No comments)
- DWI and the PBT
  
  Sun, February 28, 2010 (No comments)
- The Presumption of Innocent in DUI case
  
  Sun, February 28, 2010 (No comments)
- DWI License Plate Impound
  
  Sat, February 27, 2010 (No comments)
- Driving with an Open Bottle
  
  Fri, February 26, 2010 (No comments)
- Underage DUI
  
  Thu, February 25, 2010 (No comments)
- Mandatory Penalties for felony DWIs
  
  Wed, February 24, 2010 (No comments)
- Mandatory Penalties for non-felony DWIs
  
  Tue, February 23, 2010 (No comments)
- Fourth Degree DWI
  
  Mon, February 22, 2010 (No comments)
- Third Degree DWI
  
  Sun, February 21, 2010 (No comments)
- Second Degree DWI
  
  Sat, February 20, 2010 (No comments)
- First Degree DWI
  
  Fri, February 19, 2010 (No comments)
- The Right to FB
  
  Thu, February 18, 2010 (No comments)
- DWI Statute
  
  Thu, February 18, 2010 (No comments)
- I See You
  
  Thu, February 18, 2010 (2 comments)
- United States District Court - MN
  
  Wed, February 17, 2010 (No comments)
- DWI Priors and Aggravating Factors
  
  Wed, February 17, 2010 (No comments)
- First Time DWI - Off-Road Vehicle or Boat
  
  Tue, February 16, 2010 (No comments)
- Definitions in Criminal Statutes
  
  Mon, February 15, 2010 (No comments)
- State v. Lopez A08-100 & A08-133 Minn. SCt (Feb 11, 2010)
  
  Mon, February 15, 2010 (No comments)
- Civil Rights and 1983 Claims
  
  Sun, February 14, 2010 (No comments)
- First Degree Murder Appeal
  
  Sat, February 13, 2010 (No comments)
- False Reporting of Child Abuse
  
  Fri, February 12, 2010 (No comments)
- Neglect or Endangerment of Child
  
  Thu, February 11, 2010 (No comments)
- Malicious Punishment of Child
  
  Wed, February 10, 2010 (No comments)
- Deprivation of Parental Rights
  
  Tue, February 9, 2010 (No comments)
- Client Testimonial
  
  Mon, February 8, 2010 (No comments)
- Abduction
  
  Mon, February 8, 2010 (No comments)
- Attorney Transcripts
  
  Mon, February 8, 2010 (No comments)
- Client Testimonial - B.H. & N.H.
  
  Sun, February 7, 2010 (No comments)
- Kidnapping
  
  Sun, February 7, 2010 (No comments)
- State v. Raleigh, A08-2273 Minn. SCt. (Feb 4 2010)
  
  Sun, February 7, 2010 (No comments)
- New DWI Laws Proposed
  
  Sun, February 7, 2010 (No comments)
- Burglary Tools
  
  Sat, February 6, 2010 (No comments)
- Burglary
  
  Fri, February 5, 2010 (No comments)
- Domestic Assault by Strangulation
  
  Thu, February 4, 2010 (No comments)
- Domestic Assault
  
  Wed, February 3, 2010 (No comments)
- Web Page Evidence
  
  Wed, February 3, 2010 (No comments)
- Assault in the Fifth Degree
  
  Tue, February 2, 2010 (No comments)
- Assault in the Fourth Degree
  
  Mon, February 1, 2010 (No comments)
- Sex Offender Registry
  
  Mon, February 1, 2010 (No comments)
January 2010

15 posts (No comments)
- Assault in the Third Degree
  
  Sun, January 31, 2010 (No comments)
- Driving while Distracted
  
  Sun, January 31, 2010 (No comments)
- Assault in the Second Degree
  
  Sat, January 30, 2010 (No comments)
- Moharebeh - Iran's Sharia Law
  
  Sat, January 30, 2010 (No comments)
- Assault in the First Degree
  
  Fri, January 29, 2010 (No comments)
- Appellate Practice
  
  Thu, January 28, 2010 (No comments)
- Alternative Dispute Resolution
  
  Thu, January 28, 2010 (No comments)
- Criminal Defense
  
  Thu, January 28, 2010 (No comments)
- "I don't know why they pulled me over"
  
  Mon, January 25, 2010 (No comments)
- Expungements in Minnesota
  
  Thu, January 21, 2010 (No comments)
- Minnesota State Constitution
  
  Wed, January 20, 2010 (No comments)
- "Miranda Warning"
  
  Wed, January 20, 2010 (No comments)
- Constitution of the United States
  
  Wed, January 20, 2010 (No comments)
- Today We Honor Martin Luther King Jr.
  
  Mon, January 18, 2010 (No comments)
- Travelling to Canada and Unforeseen Consequences of a Conviction
  
  Mon, January 4, 2010 (No comments)
December 2009

5 posts (No comments)
- Stop and Frisk
  
  Tue, December 29, 2009 (No comments)
- Bar Time Trivia
  
  Mon, December 21, 2009 (No comments)
- Resisting Unlawful Arrest
  
  Mon, December 14, 2009 (No comments)
- Nina's Coffee Cafe
  
  Mon, December 7, 2009 (No comments)
- But I can’t afford an attorney.
  
  Sun, December 6, 2009 (No comments)
November 2009

5 posts (No comments)
- Networking Sites... When and How?
  
  Sun, November 29, 2009 (No comments)
- Thanksgiving
  
  Wed, November 25, 2009 (No comments)
- Social Networking and the Law
  
  Tue, November 24, 2009 (No comments)
- DWI... Driving a What?!?
  
  Wed, November 11, 2009 (No comments)
- In the beginning...
  
  Mon, November 9, 2009 (No comments)