Bass Law Firm, PLLC Burnsville MN Criminal Defense Lawyer | Bass Law Firm, PLLC 2026-06-24T14:29:37Z https://www.thebasslawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1301629/2020/10/cropped-favicon-bass-law-firm-32x32.jpg On Behalf of Bass Law Firm, PLLC <![CDATA[Can you get a DWI for driving under the influence of marijuana?]]> https://www.thebasslawfirm.com/?p=47664 2026-06-24T14:29:37Z 2026-06-24T14:29:37Z Minnesota's marijuana laws have changed in recent years. Adults can now legally buy and use cannabis in certain situations. Even so, many people still experience confusion about what legalization means in everyday life. One common misconception involves driving. Some drivers assume that legal marijuana use means they can safely get behind the wheel after using it. However, Minnesota law draws a clear line between legal use and impaired driving. 

Marijuana impairment can still lead to a DWI

Minnesota law prohibits drivers from operating a vehicle while under the influence of a controlled substance, including marijuana. Unlike alcohol cases, there is no legal limit that automatically determines whether a driver is impaired by marijuana. Because there is no set standard for marijuana impairment, these cases often depend on the facts of the situation.

How do authorities handle marijuana DWI cases?

Marijuana DWI cases often rely on several types of evidence. Law enforcement officers gather information during the traffic stop and investigation. Prosecutors may later use that information to support the charges. Evidence may include:
  • Driving behavior before the stop
  • Physical signs of impairment
  • Statements made by the driver
  • Results from field sobriety tests
  • Chemical testing, when available
  • Marijuana or related items found in the vehicle
These cases can present unique challenges. Marijuana may stay in a person's system after the effects wear off. As a result, questions sometimes come up about whether the driver was impaired at the time of the stop.

Understanding your legal options

A marijuana-related DWI charge can have serious consequences. A conviction may lead to fines, license suspension and other penalties. The outcome often depends on the evidence and the specific facts involved. Although marijuana is legal in Minnesota, impaired driving remains against the law. Anyone facing a marijuana-related DWI charge may benefit from seeking legal guidance. An experienced attorney can review the case, explain the available options and help protect the driver's rights throughout the process.]]> On Behalf of Bass Law Firm, PLLC <![CDATA[What Minnesota’s implied consent law means for you]]> https://www.thebasslawfirm.com/?p=47663 2026-04-08T15:29:10Z 2026-04-08T15:29:10Z What implied consent actually means When you received your Minnesota driver's license, you gave your legal consent to chemical testing if a law enforcement officer ever has probable cause to believe you are driving while impaired. This is not something you signed separately. It came with the license automatically under Minnesota Statute § 169A.51. That means the officer does not need your permission in the moment to require a test. The permission already exists. What you decide to do at that point is a separate decision with serious consequences either way.

What happens if you refuse

Many people assume that refusing a chemical test gives police less to work with. In Minnesota, that assumption is costly and wrong. Refusing a breath or blood test is a criminal offense on its own, charged at the same level as the underlying DWI, separate from any impaired driving charge you may already be facing. Here is what a refusal can mean for you:
  • Your driver's license faces automatic revocation for a minimum of one year on a first offense, longer if you have prior incidents on your record.
  • The refusal itself becomes criminal evidence and prosecutors can use it to argue you knew you were impaired.
  • You can face a test refusal charge alongside a DWI charge, which means two separate legal problems instead of one.
Minnesota also draws a legal distinction between breath tests and blood tests. Following the U.S. Supreme Court's decision in Birchfield v. North Dakota, officers need a warrant to require a blood test but not a breath test. If an officer skipped that requirement, it can form the basis of a legal challenge to the evidence against you.

What your options are after a test

Taking or refusing the test does not close your legal options. It shifts the ground you are standing on. If you took the test, the results can sometimes face challenge based on how the equipment was maintained, how the officer administered the test or whether probable cause existed in the first place. If you refused, the refusal charge is defensible on its own grounds and the revocation of your license triggers a separate administrative process with its own deadlines. Missing those deadlines can cost you rights you would otherwise have kept.

Why the next steps matter as much as the test itself

The decisions you make in the days after a DWI stop carry as much weight as what happened on the road. License revocation hearings, criminal court dates and the question of how to respond to the charges all move on tight timelines. An attorney who handles DWI cases in Minnesota can assess where you stand, identify which deadlines apply to your situation and help you understand what a realistic defense looks like given the specific facts of your case.]]> On Behalf of Bass Law Firm, PLLC <![CDATA[What happens if you violate a domestic abuse no-contact order?]]> https://www.thebasslawfirm.com/?p=47662 2026-01-02T16:10:12Z 2026-01-02T16:10:12Z A domestic abuse no-contact order, known as a DANCO, sets strict legal limits on communication and proximity in a Minnesota criminal case. Courts can issue these orders early in the process, and they apply even if the protected person agrees to contact. Understanding the rules helps you avoid added charges.

What a DANCO requires you to do 

A DANCO prohibits direct and indirect contact with the protected person. This includes in-person contact, phone calls, texts, emails, social media messages, and communication through third parties. Many orders also bar you from specific locations, such as a home or workplace. Any action outside the order’s terms can count as a violation.

How Minnesota law treats DANCO violations 

Minnesota law treats a DANCO violation as a separate criminal offense. The key issue is whether you knew about the order and had prohibited contact. Officers may arrest you without a warrant if they have probable cause. Courts may also impose custody holds after an arrest.

Potential penalties you could face 

Penalties depend on your history and the circumstances of the violation. A basic violation is a misdemeanor. A second violation within ten years can lead to a gross misdemeanor and mandatory jail time. Multiple prior offenses or possession of a dangerous weapon can result in felony charges.

Common ways violations occur 

Violations often happen due to a misunderstanding. Replying to a message from the protected person still violates the order. Visiting restricted locations, posting messages meant to reach the protected person, or using others to communicate can also trigger charges.

How a violation affects the underlying case 

A DANCO violation adds a new criminal charge to the existing case. Courts may consider it when setting or changing release conditions. Additional restrictions or longer no-contact periods may follow.

Steps you can take to avoid violations 

Read the DANCO carefully and follow it exactly. Keep a copy available and review it before communicating or visiting shared places. Blocking phone numbers and social media accounts tied to the protected person can help prevent mistakes.]]> On Behalf of Bass Law Firm, PLLC <![CDATA[How ‘whiskey plates’ can follow a Minnesota DUI charge]]> https://www.thebasslawfirm.com/?p=47660 2025-09-29T14:19:29Z 2025-09-29T14:19:29Z State rules behind plate impoundment in Minnesota After certain DUI charges, the Minnesota Department of Public Safety may impound your regular plates. This can happen if your charge involves an alcohol concentration of .16 or more, a repeat offense, a child passenger or driving after cancellation as inimical to public safety. During the arrest process, officers may serve you with a plate impoundment order. This notice tells you that the agency impounds your regular plates and outlines your options. Along with that order, you usually receive a temporary driving permit. This paper permits you to keep driving for a short time before special “whiskey plates” or ignition interlocks take effect. Owners usually get 14 days, and non-owner vehicles usually get 45 days. The impoundment period generally lasts at least one year.

Possible actions for drivers facing special license plates

After receiving a plate impoundment order, you may consider the following steps to manage its effects on your driving privileges:
  • Apply for “whiskey plates” through the Department of Public Safety so you can keep your vehicle on the road
  • Enroll in ignition interlock to use standard plates instead of “whiskey plates”
  • Ask for an administrative review, then petition the court within the deadline
  • Handle any transfer within the limits set by law while an impoundment stands
Each step carries its own process, fees and timelines. Choosing the best fit for your situation can help reduce disruption, but it does not, by itself, change the DUI charge.

Long-term effects of special license plates on daily life

Over time, “whiskey plates” make your vehicle easy to identify on the road. State law generally does not permit stops based only on these plates, but officers may still notice any visible violation more quickly. Insurers can view these plates as a risk factor and may raise premiums or limit coverage. Your privacy may also change because anyone can see the distinctive plates. You may regain your regular plates only after the impoundment period ends and you meet the state’s reinstatement requirements. These generally involve holding a valid license, paying reinstatement fees and clearing any outstanding suspensions or revocations on your record.

Steps to manage driving privileges until reinstatement

While the impoundment period is in effect, you may want to create a plan for meeting all requirements. Keep every notice, mark deadlines and decide which driving option works best for you. Review your insurance coverage so you may understand possible premium changes or policy limits during the impoundment period. Arrange travel or work schedules so you can stay on the road legally. If anything seems unclear, reach out to the Minnesota Department of Public Safety to confirm what applies to you. Taking these actions can help you manage the driving restrictions now and position yourself to return to regular plates once you meet reinstatement rules.]]> On Behalf of Bass Law Firm, PLLC <![CDATA[Can a drug offense affect your job prospects in Minnesota?]]> https://www.thebasslawfirm.com/?p=47659 2025-07-07T18:28:39Z 2025-07-07T18:28:39Z Having a drug offense on your record can impact your ability to secure a job in Minnesota, but the extent of this effect depends on several factors. Employers are often cautious about hiring individuals with criminal records, particularly those involving drugs. However, it’s not a guaranteed barrier. Understanding the consequences and exploring your options can help you move forward with confidence.

Impact on background checks

Most employers conduct background checks, and a drug conviction may appear. Some positions, especially in healthcare, education, or positions involving children or vulnerable populations, may have strict rules about hiring individuals with criminal histories. A drug-related conviction may automatically disqualify you from applying for certain jobs, as employers are often legally restricted from hiring individuals with certain criminal records.

What if you have a minor offense?

For minor drug offenses, employers may be more willing to overlook your past, particularly if you have shown that you’ve taken steps to turn your life around. If you’ve completed a drug rehabilitation program or have remained drug-free for an extended period, some employers might consider your personal growth over your past mistakes. In many cases, demonstrating your qualifications and work experience can help shift the focus from your record to your skills.

Expungement as an option

If your drug conviction is impacting your job search, you might be eligible for expungement. Expunging your record can remove certain convictions from public view, making it harder for potential employers to see your past. In Minnesota, you may be able to expunge your drug offense if you meet specific criteria, such as a clean record for several years following the conviction.

Second-chance employers

Some employers have policies that specifically focus on offering opportunities to individuals with criminal records. Known as “second-chance employers,” these companies believe in giving people a fresh start. They may be more understanding of past mistakes and are more likely to hire someone with a drug offense, especially if you can demonstrate that you’ve learned from your experiences. Securing a job with a drug offense on your record can be challenging, but it’s far from impossible. With the right approach and an understanding of your rights, you can still find opportunities to build a successful career in Minnesota.]]> On Behalf of Bass Law Firm, PLLC <![CDATA[Can you fight a restraining order in Minnesota?]]> https://www.thebasslawfirm.com/?p=47658 2025-04-21T21:43:01Z 2025-04-21T21:43:01Z Receiving a restraining order can feel overwhelming, but you can challenge it. In Minnesota, the process starts once the order is served.

Understanding the restraining order process

In Minnesota, the court issues a restraining order, also known as an order for protection (OFP), when someone claims harm or a threat of harm. The court will issue the order if it finds reasonable cause after someone files a petition. These orders restrict you from contacting, visiting, or being near the petitioner. Once the order is served, you have limited time to contest it in court. Both sides will present their case, and you can argue to have the order lifted or modified.

What happens in the court hearing?

The hearing allows both sides to present their case. The petitioner will explain why they requested the order, and you can defend your position. You should present evidence like alibis, text messages, or witnesses who can support your side. If the judge finds insufficient evidence of abuse or threats, the court will dismiss the restraining order. Alternatively, the judge may reduce the restrictions by modifying the order.

What evidence can you use to fight a restraining order?

To challenge the restraining order, you must present strong evidence that counters the petitioner's claims. Useful evidence includes witness testimonies, phone records, messages that contradict the allegations, an alibi or proof that you were elsewhere during the alleged incident, and video or audio recordings that support your side. Your success depends on the quality of your evidence. Gather everything that may support your case.

What are the consequences if you don't fight a restraining order?

If you don't contest the order, the court will keep it in effect, and you must comply. Violating the order can lead to arrest, fines, or jail time. It’s important to take the order seriously. Taking action early helps you avoid unnecessary restrictions and protect your rights. A restraining order can significantly affect your life, including your ability to see family members or go about daily activities without worrying about legal consequences. Challenging the order in court may result in the court lifting or modifying it, allowing you to move forward with fewer restrictions.]]> On Behalf of Bass Law Firm, PLLC <![CDATA[What are the penalties for manufacturing marijuana wax in MN?]]> https://www.thebasslawfirm.com/?p=47657 2025-01-16T05:03:24Z 2025-01-16T05:03:24Z Manufacturing marijuana wax is a serious offense. This process, also known as producing hash oil or concentrates, often involves dangerous methods using butane or other flammable chemicals. Minnesota’s laws impose severe penalties for those caught creating these substances.

Manufacturing marijuana wax is a felony

Under Minnesota law, manufacturing marijuana wax is considered a felony. State statutes classify marijuana concentrates, including wax, as controlled substances, which fall under stricter regulations than plant-based marijuana. The severity of the charge depends on the quantity of the substance and other circumstances surrounding the offense. If authorities find manufacturing equipment or chemicals, prosecutors can argue that intent to produce marijuana wax exists. This can lead to additional charges, even if the actual amount of wax is small. Penalties often include significant prison time, steep fines, and a felony record.

Aggravating factors increase penalties

Certain factors can elevate the consequences of a manufacturing charge. For example, if the process endangered others, such as neighbors or children, harsher penalties apply. Explosions or fires resulting from unsafe manufacturing practices can also lead to additional charges, such as arson or reckless endangerment. The location of the offense matters too. Producing marijuana wax near schools, parks, or other protected areas may lead to more severe consequences. Law enforcement’s focus on public safety means these cases receive aggressive prosecution.

Legal penalties and long-term consequences

A conviction for manufacturing marijuana wax can result in several years of prison, fines that exceed $10,000, and lasting damage to an individual’s reputation. Beyond legal penalties, a felony conviction can limit opportunities for employment, housing, and education. These challenges can affect individuals long after serving their sentence. Minnesota takes drug manufacturing crimes seriously due to the risks involved. Those facing allegations should take the charges seriously and ensure they understand their rights under the law.]]> On Behalf of Bass Law Firm, PLLC <![CDATA[What happens if you refuse a breath test in Minnesota?]]> https://www.thebasslawfirm.com/?p=47656 2024-10-08T15:19:30Z 2024-10-08T15:19:30Z Driving under the influence of alcohol is a serious offense in Minnesota. When officers pull over drivers for suspected drunk driving, they may ask them to take a breath test. Refusing this test can lead to severe consequences. Here is what drivers should know about refusing a breath test in Minnesota.

Implied consent law

Minnesota has an implied consent law. When individuals obtain a driver's license, they automatically agree to chemical testing if an officer suspects them of drunk driving. Refusing a breath test violates this implied consent.

Administrative penalties

Refusing a breath test leads to immediate administrative penalties. The state will revoke the driver's license for one to six years, depending on prior offenses. Drivers may also face a license plate impoundment. These administrative consequences occur regardless of whether or not a person was driving under the influence.

Criminal consequences

Refusing a breath test also involves criminal penalties. In Minnesota, refusal is a gross misdemeanor. This could result in a fine of up to $3,000 and jail time of up to one year. Additionally, refusal can lead to harsher penalties compared to failing the test.

Impact on future driving privileges

A driver who refuses a breath test may face additional challenges when trying to regain driving privileges. They may need to use an ignition interlock device for a designated period or enroll in a chemical dependency program. These measures complicate and increase the cost of getting back on the road. Refusing a breath test in Minnesota comes with serious consequences. The penalties for refusal are often more severe than those for failing the test. Understanding the legal consequences helps drivers make informed decisions when faced with this situation.]]> On Behalf of Bass Law Firm, PLLC <![CDATA[Entrapment defense in Minnesota drug traffic cases]]> https://www.thebasslawfirm.com/?p=47655 2024-07-11T21:48:29Z 2024-07-15T21:48:13Z Drug trafficking charges are serious and carry severe penalties. Defendants can face expensive fines or long prison sentences if convicted. If law enforcement uses entrapment to induce someone to commit a crime, it can be used as a defense in criminal law.

What is entrapment?

Entrapment is a legal defense in criminal law where the defendant argues that law enforcement coerces them to commit a crime. Without that influence, they would not have committed the crime. The defendant claims that the officer went beyond providing an opportunity to commit the crime. Law enforcement uses coercion or pressure to influence criminal behavior.

Proving entrapment

To prove entrapment in Minnesota, the defense must demonstrate two key elements:
  • Inducement by law enforcement: The defendant must show that law enforcement persuaded, harassed, or threatened them to commit the crime.
  • Lack of predisposition: The defendant must prove that they were not predisposed to commit the crime. A defendant’s lack of prior criminal experience can help prove they were not predisposed to commit the crime.
The defendant bears the burden of proving entrapment. To successfully argue entrapment, you must show that law enforcement induced the crime. Successfully proving entrapment can lead to the dismissal of charges. This highlights the need for a strong legal strategy.

Examples of entrapment in drug trafficking

In a drug trafficking case, law enforcement might coerce someone to sell drugs. You can argue entrapment if the person initially refuses but eventually agrees due to the officer's influence. This asserts that the defendant would not have engaged in drug trafficking without the officer's influence. Entrapment can be a viable defense. If proven, it may significantly impact the outcome of a drug trafficking case.]]> On Behalf of Bass Law Firm, PLLC <![CDATA[When to consider a self-defense plea in Minnesota]]> https://www.thebasslawfirm.com/?p=47653 2024-04-23T00:00:09Z 2024-04-23T00:00:09Z Understanding reasonable force The cornerstone of a self-defense claim is the use of reasonable force. This means the level of force must match the perceived threat. For example, if someone threatens to punch you, responding with a firearm might not be seen as reasonable. State law requires that the force used in defense must not exceed what would appear necessary to a reasonable person under similar circumstances. If the threat involves deadly force, or the fear of death or serious bodily harm, then the courts may justify using deadly force in return.

Fear of harm

A key element in claiming self-defense is the genuine and reasonable belief that you are in imminent danger of harm. The threat of harm must be immediate, which means you can't claim self-defense for a perceived threat that could occur in the future or from a past event. The fear of harm must also be reasonable; it should be a fear that any average person would feel under those circumstances.

Duty to retreat

Minnesota law does not require retreat if you are in your home. This is known as the "Castle Doctrine," which allows individuals to stand their ground and use reasonable force, including deadly force, to protect themselves against an intruder in their home. Using a self-defense plea in Minnesota requires careful consideration of these factors. It is important to understand the legal requirements and evaluate whether your situation genuinely meets the criteria for self-defense. Ensuring that your actions align with these legal standards can be important to defending your actions in a court of law.]]>