Criminal Defense Backup

PROBATION/PAROLE VIOLATIONS

When someone is convicted or found guilty of a crime, there is typically a lengthy jail sentence and fine amount that was not executed. That unexecuted sentence is typically stayed  (hung over your head) and the person is placed on probation or parole. If a condition of that stay is violated, the court can execute all, some or none of that stayed sentenced depending on a number of factors. Often times, the sentence for a probation or parole violation is more severe than the original sentence imposed.

If your probation or parole has been violated, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

EXPUNGEMENT

In some cases, it may be possible to have prior criminal convictions removed from your criminal record. It may also be possible to have all reports and other documents related to the incident sealed. Potential employers and other agencies that do criminal background checks often make hiring and other decisions based on the applicant’s criminal background.

If you are seeking to have a criminal conviction expunged, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

CRIMINAL VEHICULAR OPERATION (CVO)  

The offense of Criminal Vehicular Operation, or CVO, is charged as either a Gross Misdemeanor or a Felony depending on the severity of the injuries sustained by another person or people as a result of an offender’s negligence, impairment by drugs or alcohol, leaving the scene of an accident, knowingly operating a motor vehicle that is defective or some combination of any of those factors while operating a motor vehicle. A criminal conviction for CVO also triggers a minimum one-year driver’s license revocation.

If you have been charged with a CVO of any kind or fear that you will be soon, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

FLEEING

Fleeing in a motor vehicle is a very serious offense in Minnesota and the legislature has designated severe criminal and civil penalties for those convicted.  The offense will always be charged as a felony and, depending on the violator’s history and whether or not there were injuries or death as a result, the maximum punishment can be as severe as 40 years in prison and an $80,000.00 fine.  Civil consequences generally include vehicle forfeiture and a minimum one-year license revocation. Fleeing from a peace officer by means other than a motor vehicle (typically on foot) is a misdemeanor offense and carries a maximum penalty of 90 days in jail and a $1,000.00 fine. There are generally no civil consequences for this offense.

If you have been charged with fleeing of any kind or fear that you will be soon, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

DRIVING WITHOUT A VALID LICENSE 

Driving Without a Valid License is a criminal offense and conviction can result in extended license consequences in addition to criminal punishment. Depending on whether the license was suspended, revoked or cancelled and the history of the driver, the offense may be charged as either a misdemeanor or gross misdemeanor crime. Misdemeanor Driving Without a Valid License is maximum punishable by up to 90 days in jail and a $1,000.00 fine. If charged as a Gross Misdemeanor, maximum penalties include a year in jail and a $3,000.00 fine.

If you have been charged with Driving Without a Valid License of any level or fear that you will be soon, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

HIT AND RUN/LEAVING THE SCENE 

It is a crime to leave the scene of a collision resulting in damage or injuries, regardless of whether the vehicle was occupied or not at the time of the collision and regardless of who was at fault for the collision, without exchanging information (or leaving a note if the vehicle is unattended). Depending on the extent of the injuries sustained (if any) or death of the occupant of the other vehicle, the offense can be charged as a Misdemeanor, Gross Misdemeanor or Felony. If the collision resulted in death of another, the maximum punishment allowed by statute is 3 years in prison and a $5,000.00 fine where the offender did NOT cause the collision. In the case where the offender caused the collision, the offender may be charged with Felony Criminal Vehicular Operation and face severe consequences. Failure to make a report of a traffic accident may also lead to license revocation.

If you have been charged with Hit and Run or Leaving the Scene of any level or fear that you will be soon, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

NO INSURANCE

Failing to provide proof of insurance while driving is a crime in Minnesota, regardless of whether you are the owner of that vehicle. Minnesota statute does allow for a driver to produce proof at a later date that the vehicle was insured at the time of the stop, but the driver can and likely will be charged until that proof is provided. Depending on the history of the driver, the offense of failing to produce insurance may be charged as a Misdemeanor or Gross Misdemeanor offense.  A criminal conviction also triggers a license suspension from 30 days to a full year, depending on the history of the driver. If charged as a Misdemeanor, the maximum punishment is 90 days in jail and a fine in the amount of $1,000.00. If charged as a Gross Misdemeanor, the maximum punishment is a year in jail and a fine of $3,000.00.

If you have been charged with Driving Without Insurance of any level or fear that you will be soon, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

POSSESSION/SALE/MANUFACTURE OF A CONTROLLED SUBSTANCE

Possession, sale and manufacture of a controlled substance are all very serious crimes in Minnesota. Depending on the type and weight of controlled substance and whether it was possessed in a motor vehicle or even a school zone, charges can range from a petty misdemeanor to extremely serious felony charges involving mandatory minimum prison sentences. A conviction will often times lead to firearms restrictions/prohibitions and possibly even driver’s license penalties. If a dangerous weapon or firearm were used, possessed or brandished during the commission of a felony controlled substance offense, the State will likely seek a mandatory minimum prison commitment. New legislation was enacted in 2016, which altered the landscape of punishment for drug offenses.

If you have been charged with any level of drug offense in Minnesota, you must call Kinsella and Foley Defense now at (612) 341-5367 for a free consultation.

ASSAULT/DOMESTIC ASSAULT

Crimes against persons involving actual assault or the creation of imminent fear of assault in another will result in criminal charges. Depending on many factors such as the offender’s criminal history, whether a weapon was used, the extent of injuries (if any) and the relationship to the victim, the charge may be a misdemeanor, gross misdemeanor or a very serious felony. If a dangerous weapon or firearm were used, possessed or brandished during the commission of this offense, the State will likely seek a mandatory minimum prison commitment.  A conviction may also lead to weapons restrictions/prohibitions as well.

If you or a loved one has been charged with any level or type of Assault, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

WEAPONS CHARGES/WEAPONS RELATED SENTENCE ENHANCERS

Weapons charges can come as a result of many incidents including, but not limited to, illegal transport or possession, being a prohibited person in possession of a firearm/weapon/ammunition, illegal purchase and/or sale, illegal discharge of a weapon, being under the influence of drugs or alcohol while in possession of a firearm, possessing a firearm in a weapon-free zone and many others.  Offense levels vary from misdemeanor to felony level offenses, as do punishments and mandatory minimums. The commission of certain designated offenses where a dangerous weapon or firearm was used, possessed or brandished will likely result in the State seeking a mandatory minimum prison sentences. Weapons charges and sentence enhancers are very serious crimes in Minnesota and the legislature has taken special efforts to punish offenders harshly.

If you have been charged with a weapons crime of any kind, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

ROBBERY

Robbery is categorized as either Simple Robbery (Without a weapon and without threat of a weapon) or Aggravated Robbery (With a weapon or threat of a weapon) and charges come as a result of taking personal property from another under some threat of force.  Both categories are felony offenses that carry very lengthy maximum prison sentences. If a dangerous weapon or firearm were used, possessed or brandished during the commission of this offense, the State will likely seek a mandatory minimum prison commitment.

If you are facing Robbery charges, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

BURGLARY/POSSESSION OF THEFT OR BURGLARY TOOLS

Burglary is charged when one enters a building without consent and with intent to commit a crime. Whether the offense is charged as a gross misdemeanor or a felony depends on the type of building entered, whether it was occupied at the time of entry, whether a weapon or tools were used and the level of offense intended to be committed. If the dwelling was occupied, the State will likely seek a mandatory minimum 6-month commitment. If a dangerous weapon or firearm were used, possessed or brandished during the commission of this offense, the State will likely seek a mandatory minimum prison commitment.

If you have been charged with the very serious crime of Burglary, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

TERRORISTIC THREATS

A threat made, either directly or indirectly, to commit a crime of violence with the intent to terrorize another will result in the felony charge of terroristic threats. A threat made to cause the evacuation of a building, place of assembly, vehicle or facility of public transportation to cause serious public disturbance will also result in a felony charge of terroristic threats. The threat can be made with intent to terrorize or with a reckless disregard of causing such terror. A threat of explosives or an explosive device will also lead to charges as will displaying a replica firearm or BB gun under the same conditions.  Allegations of Terroristic Threats are often times defensible in court, depending on the unique facts of each case.

If you have been charged with the crime of Terroristic Threats, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

RIOT

When three or more persons assemble to disturb the peace by an intentional act or threat of unlawful force or violence to person or property, one or all of those involved will be charged with the crime of Riot. Depending on whether the victim died as a result of the riot and whether the offender(s) was armed with or used a dangerous weapon, the offense will be charged as either a felony or gross misdemeanor crime.

If you or a loved one has been charged with the crime of Riot, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

MURDER/MANSLAUGHTER/CRIMINAL VEHICULAR OPERATION RESULTING IN DEATH

Actions resulting in the death of another may bring charges of homicide in Minnesota. The categories of homicide in Minnesota are Murder, Manslaughter and Criminal Vehicular Operation Resulting in Death. There are numerous factors involved when a charging decision is made as to the category of the charge itself, the degree of that charge and the subsequent sentence if convicted. If a dangerous weapon or firearm is used, possessed or brandished during the commission of Murder or Manslaughter, the State will likely seek a mandatory minimum prison commitment. In some instances, Murder may be charged even if the actor did not intend to kill the victim.

Homicide is the most serious class of offenses in Minnesota and it is vital that the accused have aggressive and competent representation. Call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

THEFT CRIMES

Anyone who does not have permission and “takes, uses, transfers, conceals or retains possession” of another person’s property without that person’s consent can be charged with the crime of Theft. Similarly, receiving stolen property, whether with knowledge that the property was stolen or if a person should have known it was stolen, can be charged with the crime of Receiving Stolen Property. Depending on the value of the property, Theft and Receiving Stolen Property can be charged as a Misdemeanor, Gross Misdemeanor or as a Felony There are often defenses to such crimes and an experienced attorney may be able to beat or reduce the charges or possible arrange for entrance into a diversion program (in an effort to keep the conviction off of the offender’s criminal record)

If you have been charged with Theft or Receiving Stolen Property at any level or fear that you will be soon, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

CRIMINAL SEXUAL CONDUCT

Perhaps more than any other charge, Criminal Sexual Conduct carries a perceived stigma for those accused and/or convicted. Depending on factors such as the alleged victim’s age, the offender’s age, the relationship between the victim and the offender, whether a weapon was used, what exactly constituted the assault and many other factors, Criminal Sexual Conduct may be charged as a felony or as a gross misdemeanor. Knowledge of the victim’s age and whether that person actually consented may not be a defense to such crimes. Conviction of Criminal Sexual Conduct may also result in the offender being forced to register as a sex offender.

If you have been charged with Criminal Sexual Conduct at any level or fear that you will be soon, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

OBSTRUCTION

Interfering with or obstructing a peace officer, firefighter or ambulance crew engaged in the lawful performance of their official duties is illegal in Minnesota. Obstruction may be charged as a misdemeanor, gross misdemeanor or felony depending on whether force or violence was used while obstructing and the extent of the injuries caused (if any). This particular offense is commonly over-charged or mischarged and requires an aggressive defense.

If you have been charged with Obstruction at any level or fear that you will be soon, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

VIOLATION OF OFP, DANCO, HRO

There are many types of court Orders, but the most commonly used Orders are those prohibiting contact between parties. These are often called Domestic Abuse No Contact Orders (DANCO), Orders for Protection (OFP) and Harassment Restraining Orders (HRO). When such an Order is violated, criminal charges are generally filed. The charges stemming from these violations can range from misdemeanor to Felony level charges and may have severe consequences. These types of charges are almost always enhanceable, meaning the more of them a person acquires the worse they become with each subsequent charge.

If you or a loved one have been charged with a violation of any of these Orders at any level or fear that you will be soon, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

PROSTITUTION/SOLICITATION

Persons facing a Prostitution or Solicitation charge can often feel scared and even embarrassed, but the attorneys at Kinsella and Foley Defense understand the fear you may be experiencing and will never judge you based on past decisions. Prostitution is a crime in Minnesota and is generally defined as “hiring, offering to hire, or agreeing to hire another individual to engage in sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual contact.” Depending on the specifics of each Prostitution or Solicitation case as well as the particular role that the offender played in the exchange, charges can range from misdemeanor to felony level charges and may result in a variety of collateral consequences ranging from jail or prison time, fines and/or registration as a sex offender.

If you have been charged with Prostitution or Solicitation at any level or fear that you may be soon, do not hesitate to call the experienced attorneys of Kinsella and Foley Defense now at (651) 341-5367 for a free consultation and let us do the worrying for you.

CRIMINAL DAMAGE TO PROPERTY

Criminal Damage to Property will be charged when an offender damages another’s property without their consent. Depending on the offender’s history, the type of property damaged, the extent of the damage and the reason that the property was damaged, an offender may be charged with a misdemeanor, gross misdemeanor or felony level offense. Restitution, or repayment to the victim, is generally ordered as part any plea deal or sentence.

If you have been charged with Criminal Damage to Property at any level or fear that you will be soon, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

FINANCIAL CRIMES

Financial Crimes may come from any number of actions such as embezzlement, credit card or check fraud, forgery or swindle and many others. What all of these offenses have in common is that they are all illegal in the state of Minnesota and taken very seriously. These charges are often charged as felonies depending on the nature of the cases and the history of the offender. As such, convictions may lead to a jail or prison sentence as well as restitution to the victim(s) and other collateral consequences.

If you have been charged with a Financial Crime at any level or fear that you will be soon, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.

DISORDERLY CONDUCT 

Disorderly Conduct is one of the most commonly charged offenses in Minnesota. It is considered a misdemeanor offense in Minnesota and can be punishable by up to 90 days in jail and up to a $1,000.00 fine. In reality, it is exceedingly easy to reach the level of Disorderly Conduct. The way the statutes are written in Minnesota a person can be charged with Disorderly Conduct if they “engage in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others” While it is extremely easy to be charged with Disorderly Conduct in Minnesota there are also many things that an experienced attorney can do to mitigate the consequences or beat these charges.

If you have been charged with Disorderly Conduct or fear that you will be soon, call Kinsella and Foley Defense now at (651) 341-5367 for a free consultation.