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Justice Denied Anywhere

Diminishes Justice Everywhere.

~ Martin Luther King, Jr.

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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

Quote - Robert Trott

“If you’ve got the right lawyer with you, we’ve got the best legal system in the world.”— Robert Trott, “Justice,” Fox, August 30, 2006, episode 1.1

Posted on Wed, November 3, 2010 by Landon Ascheman

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)