Juvenile Offenses: Will Your Child Be Tried As an Adult?

Written by Mesenbourg & Sarratori Law Offices, P.A. on . Posted in Legal Advice

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Many parents are shocked and dismayed at the arrest of their teenaged child, but they may also feel some fear. Parents with no experience in criminal legal matters might worry about the type of punishment or sentence their teen might get.

Most juvenile crimes are tried in juvenile court. Typically, children and teens have less severe sentences, with a greater focus on correction and rehabilitation for the future. However, in some cases, juvenile rights are waived, allowing the teen in question to be tried as an adult.

The Many Effects an Underage DUI Arrest Can Have on Your Future

Written by Mesenbourg & Sarratori Law Offices, P.A. on . Posted in Blog

If you have a DUI (driving under the influence) arrest, it’s important to talk to an attorney who can explain your options before you enter a final plea to the charge. How you decide to handle the situation can have a lasting impact on your continuing education and future employment opportunities. Even a misdemeanor, or first offense, drunk driving conviction can have far-reaching consequences. Here’s a look at just some of them.

Police Interrogation and Arrest: Know Your Rights

Written by WebAdmin on . Posted in Blog

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The majority of people only know about arresting rights because of law enforcement television shows, the most famous being the right to remain silent. However, many people are unaware of what their rights are during the arrest and interrogation process, especially if they have never had trouble with the law before. 

It’s important to understand that you are still protected in the legal system, even if you’ve been accused of a crime. Here is what you should know about your rights, and what it means for your case if those rights are ignored. 

Answers You’ll Want If Your Teen Is Facing Statutory Rape Charges

Written by Mesenbourg & Sarratori Law Offices, P.A. on . Posted in Legal Advice

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As a parent, this may be a scenario you never imagined occurring. Your child, a teenage high school student, has been dating another student a couple of years their junior. Your child is a good kid, gets good grades, and has never been in trouble with the law. Then out of the blue, the police knock on your door and place your child under arrest for the statutory rape of a minor.

After the initial shock and disbelief, you finally get a chance to talk to your child. They admit that sexual intercourse did take place with their partner but insist that it was consensual. This is confirmed by your child’s partner. However, under many state laws, engaging in sexual conduct with a minor who is under the age of consent is considered a criminal act.

If you’ve found yourself in this scenario, then you may be feeling bewildered and frightened for your child. You may be struggling to comprehend how a teenager, who isn’t even a legal adult, can be facing charges like this. Here are the answers to some commonly asked questions regarding statutory rape charges, which will help you to understand the situation more clearly.

5 Steps to Make a Good Impression in the Courtroom

Written by Mesenbourg & Sarratori Law Offices, P.A. on . Posted in Legal Advice

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You can’t control everything that happens during your court case. You can’t control how the opposition handles the case or what the judge or jury decides. However, you can control your own behavior.

Good behavior in the courtroom sends the message that you are a responsible, trustworthy person. Making a good impression can influence how you’re treated in the courtroom and can even affect the outcome the judge or jury reaches.

Here are a few steps you can take to put your best foot forward during your trial.

The Do’s and Don’ts of Using Social Media After an Arrest

Written by Mesenbourg & Sarratori Law Offices, P.A. on . Posted in Blog

captureIf you are arrested for any crime, the first thing that you need to do is to contact a criminal defense attorney who can work in your best interests. Whether you are innocent or guilty, this is an essential step to protect yourself. You then need to consider your next actions very carefully since mistakes can cost you dearly.
With social media’s increasing presence in everyone’s daily life, it may seem like posting on social media is a good idea in such a situation, but it rarely is. Live tweeting an arrest won’t do you any favors! Neither will long, angry rants. Keep in mind these do’s and don’ts for using social media if you have been arrested.

Do Keep in Mind That Private Profiles Aren’t Truly Private

You may feel safe posting on Facebook if your posts all have the privacy setting of “friends only.” However, no social media profile is truly private. You don’t really know how safe your information is even among friends who appear to truly care, and it is easy for people with nefarious intentions to send you a friend request under the pretense of being someone else. Consider anything you post to be public.

What to expect at court in Misdemeanor Charges

Written by Mesenbourg & Sarratori Law Offices, P.A. on . Posted in Blog

Arraignment

The defendant is formally notified of the charges filed, advised of his or her rights, and bail is set. If the defendant cannot afford an attorney, a public defender is appointed by the court to represent the defendant. The pre-trial and trial dates are set. If the defendant pleads guilty, he or she will proceed directly to sentencing.

 Pre-Trial

At this hearing, a judge decides if there is enough evidence for the case to proceed to trial. If the defendant pleads guilty, he or she will proceed directly to sentencing. If the defendant pleads not guilty, the case proceeds to trial. Often a plea agreement is discussed at this time.

 Trial

At the trial, both the prosecutor and the defense attorney present their case to a judge or a jury. Both sides may call witnesses to testify. At the end of a criminal case, the prosecutor must prove the defendant’s guilt beyond a reasonable doubt.

 Sentencing

If the defendant pleads guilty or is found guilty following a trial, a judge may proceed directly to sentencing or schedule a separate sentencing hearing. A pre-sentence investigation (PSI) is not automatically ordered, but one may be requested.

 Note: This is the standard process. Additional hearings may be scheduled at the request of either party.

What to expect at court in Gross Misdemeanor and Felony Charges

Written by Mesenbourg & Sarratori Law Offices, P.A. on . Posted in Blog

First Appearance (Rule 5)

The defendant is formally notified of the charges filed, advised of his or her rights, and bail is set. If the defendant cannot afford an attorney, a public defender is appointed by the court to represent the defendant. The pre-trial and trial dates are set.

 Omnibus / Pre-Trial (Rule 8)

At this hearing, the judge decides if there is enough evidence for the case to proceed to trial. If the defendant pleads guilty, he or she will proceed directly to sentencing. If the defendant pleads not guilty, the case proceeds to trial. Often a plea agreement is discussed at this time.

 Contested Omnibus (Rasmussen)

If the defense attorney raises questions regarding legal issues on the case, this hearing may be scheduled. The judge may hear oral testimony and may request written arguments from both attorneys.

 Trial

At the trial, both the prosecutor and the defense attorney present their case to a judge or jury. Both sides may call witnesses to testify. At the end of a criminal case, the prosecutor must prove the defendant’s guilt beyond a reasonable doubt.

 Sentencing

If the defendant pleads guilty or is found guilty following a trial, the judge will order a pre-sentence investigation (PSI). The PSI will include the defendant’s criminal history and personal background. The individual conducting the PSI (usually a probation officer), may contact the victim of the crime to determine how they have been impacted by the defendant’s actions. The PSI enables the judge to learn more about the defendant so that he or she is better able to impose the proper sentence.

 After the PSI has been completed, the defendant comes before the judge for sentencing. The judge can only impose a sentence that falls within the boundaries of state law or the Minnesota Sentencing Guidelines. Keeping those boundaries in mind, and weighing all the facts of the case, the judge then sentences the defendant.

 Note: This is the standard process. Additional hearings may be scheduled at the request of either party.

Our Service Areas

Written by Mesenbourg & Sarratori Law Offices, P.A. on . Posted in News

While we frequently practice in Anoka, Chisago, Dakota, Hennepin, Isanti, Kanabec, Mille Lacs, Pine, Ramsey, Sherburne, Scott and Wright Counties, we do provide representation throughout the State of Minnesota and other counties.

If you live in Minnesota, give us a call so that we can discuss your case. Let Mesenbourg & Sarratori Law Offices help you protect your rights.

Stopped by the Police? Understand Your Constitutional Rights

Written by WebAdmin on . Posted in Legal Advice

When encountered by a police officer, you have constitutional rights.  The most important right is to remain silentSpeaking to police can only harm, not help you.  You cannot talk your way out of a charge, so do not try.  Standardized Field Sobriety Tests (SFST’s) or a Preliminary Breath Test (PBT) is not mandatory when pulled over for suspicion of DWI and you cannot lose your driver’s license for refusing to do them.  The only test that is mandatory is the test offered to you after you have been read the Implied Consent Advisory and have had a chance to speak with a lawyer.  Under every circumstance, if contacted by police or arrested, consult with an attorney immediately to understand our options.  When encountered by police, provide only your identification.  If asked questions you state, “My attorney has advised me not to answer any questions or to do any tests until I speak to him.”

Mesenbourg & Sarratori Law Offices, P.A.
2601 Coon Rapids Blvd
Coon Rapids, MN 55433
Phone: 763-754-5555