St Paul Theft and Shoplifting Attorney
January 28th, 2010Shoplifting may seem like an open and closed case. In many instances there is incriminating evidence such as surveillance camera or security guards that catch someone in the middle of the crime. Even if you have been caught in the act, you still have options and can still avoid criminal convictions or minimize your penalty by speaking with a lawyer.
Caught Red handed? Handling a Theft Arrest
You’ve just been arrested for shoplifting. The police will most likely escort you to the station where they will ask you a series of questions. Many people who are arrested will take this time to explain their side of the story and to defend their situation. They may get angry or frustrated which could lead to a confession. You may say things like “I didn’t mean to” or “It won’t happen again.” Both of these remarks are actually confessions to a crime. Instead of trying to defend yourself, keep quiet. You do not have to answer any of the questions a police officer asks you but instead can ask for a lawyer. This is the only thing that needs to be said.
When it comes to speaking with a lawyer, you need to remember to be completely upfront about everything. Anything you tell a lawyer will not be used against you; however, if you leave certain information out, this could end up hurting you later. A lawyer will take your information and determine the best method to handle the case – the more information the better. You do not need to hide anything from your attorney – a qualified criminal defense lawyer will know what to include and what to omit in your case.
What to Expect from a Shoplifting Conviction
Shoplifting is often classified as petty theft if the amount stolen is less than $500. However, if the amount is higher than $500, then you may be facing a grand theft charge. The good news is that most shoplifting convictions are considered misdemeanors and come with a maximum sentence of $1000 fines and/or 90 days in prison. The bad news, however, is that shoplifting and other theft crimes can also be deemed felonies in certain instances and thus you could be looking at much more severe consequences if found guilty.
Furthermore, a shoplifting conviction can make it hard for you to continue on with your life. Many employers will look down on a shoplifting conviction and you may not be able to find decent work in any industry where you may be tempted to steal again. This can include financial institutions, retail outlets or any environment where money or goods are readily available to employees.
There are ways to clear your name from a shoplifting conviction. However, your best defense against any shoplifting charge is to avoid this black tick on your criminal record before it makes its mark. A St Paul theft defense attorney can ensure that this conviction does not make it past the court room.
Facing a criminal conviction? Contact criminal defense attorney William K. Bulmer II today at 612-384-7003 for a free consultation.
St Paul Juvenile Criminal Defense Lawyer
January 28th, 2010Juveniles can resort to criminal activity for a number of different reasons. Perhaps they are rebelling against their parents or society. Perhaps they were dared to shoplift and got caught. Perhaps they are looking for a way to make some extra cash before college. Perhaps they have given in to peer pressure or are hanging out with the wrong crowd.
Regardless of the events leading up to an arrest, a juvenile is still deemed a child and thus will, in most instances, be tried and convicted in a separate court unless the circumstances are considered serious enough for an adult court.
The purpose of juvenile court is not simply to punish those ‘bad apples.’ Instead, the court sees juvenile crimes as a social problem and thus focuses on rehabilitation of the youth instead of simply punishing him.
Types of Juvenile Penalties and Rehabilitation
Out of Home Placement – detention facilities are established across the state of Minnesota to provide juveniles with a place to learn from their mistakes before returning to society.
Counseling and/or therapy – in some instances, a juvenile may be required to see a therapist or a counselor for a period of time to discuss the arrest and the events leading up to the arrest.
Community Service and restitution – community service is a popular penalty for juveniles as it provides a way for a juvenile to learn from his mistakes without having to stop his life. Community service projects are usually performed on weekends or after school so the youth can still attend classes and continue with his education.
Rehabilitation – for juveniles who are facing drug charges, rehabilitation may be necessary. The detoxification process is meant to help the juvenile overcome any addictions to harmful habits before releasing him back into society.
Frequent Monitoring – most juveniles will work with a social worker who will continue to monitor and assess the juvenile’s progress with the penalties as well as his involvement in society. His home life, his school grades and his after-school habits may all be assessed.
Getting Outside Support
Youth who are facing a criminal conviction will need support from family, friends and other members of society throughout the legal process. Perhaps the best supportive system for a juvenile is his family. It is important that a juvenile knows that he can lean on his parents and siblings for support during this tough time. Often it is this lack of supportive system that leads to a problem in the first place. A guidance counselor or social worker can also provide emotional and physical support for any troubled youth. It is their job to help those dealing with problems before these petty criminal acts lead to life-long convictions.
It is also important to remember that a qualified criminal defense attorney can provide you with the legal support you need during this tough time. Any persons facing juvenile convictions should speak to a St Paul criminal lawyer about their options and how this can impact their future.
If you or your loved one is facing a juvenile conviction, then contact criminal defense attorney William K. Bulmer II today at 612-384-7003 for a free consultation.
St Paul Assault Crimes Defense Attorney
January 28th, 2010Most of us do not come face to face with the legal system on a daily basis, other than the odd television show during prime time. However, in reality, if you are facing an arrest, then you will mostly likely be intimidated by the entire process. If you have been arrested for an assault crime, or any other crime, then it is important to understand your rights.
What are my Rights?
Right to Remain Silent – many police officers will conveniently forget to tell you that you have the right to remain silent. Instead they may bully you with questions and cause you to get flustered or angry. You may want to defend yourself or explain your side of the story. This is exactly what the arresting officer wants – a statement. Anything you say can and will be used against you in a court of law which is why it is best to use your right and remain silent. You do not have to speak to anyone if you have been arrested or are in jail. The only person who can order you to answer questions is a judge, not a police officer.
Right to Speak to a Lawyer – before you answer any questions, you also have the right to a lawyer. Again, the police may not tell you about this right and will instead badger you with questions about the assault. Speaking to a lawyer is by far the smartest decision you can make. You will be able to explain your side of the story without having to worry about if you have revealed too much or if you have answered ‘correctly.’ You can speak the truth without worrying about how this could affect your case later on. A lawyer will listen to your side of the story and determine the best defense strategy based on the interview, the evidence and the circumstances surrounding the assault accusation.
Home Searches and Warrants
When handling an assault accusation, you may also come face to face with the question of home searches. Under the Minnesota law, a police or law enforcement agent cannot search your home unless you give them permission or unless they have a search warrant. However, often this will not stop them. Make sure you voice your opinion and let the officer know that you have not given your consent and that the search is against your wishes.
If the officers do have a search warrant for your home, then you will need to step back and allow them to search your home. However, you can take notes about what they look for and include details about the officers including names, badge numbers and comments during the search. Make sure you contact a St Paul assault lawyer as soon as the search begins to determine if there is anything else you should do. Most of us do not know our rights when it comes to the legal system and police officers will often take advantage of this in order to get the evidence and information they want. Do not let this happen to you.
Facing a criminal conviction? Contact criminal defense attorney William K. Bulmer II today at 612-384-7003 for a free consultation.
St Paul DUI Defense Attorney
January 28th, 2010The sound of a siren behind you can be one of the most threatening and terrifying things to experience on the road. Your immediate response is most likely to freeze up, even if you have done nothing wrong. Regardless of why you have been pulled over, there is a good chance that the officer will check to see if you have been drinking and driving. Excessive speeding, swerving, poor driving habits or any other suspicious activity on the road can all lead to a DWI arrest. So what should you do if you are pulled over on suspicions of drinking and driving? And, more importantly, what should you avoid?
Handling a DWI Arrest
The first thing you need to do is remain calm. Many people will try to either sweet talk their way out of an arrest or else get angry and attempt to bully their way to freedom. Both of these options are poor ones. Instead, remain in control and quiet and allow the officer to do his job. You will have a chance to explain your side of the story but first you need to have a lawyer present.
The officer will most likely ask you for the driver’s license as well as the vehicle registration. They may ask you to step outside the car. Your car may be searched in some instances and you may be asked to take certain sobriety tests. You may be asked to walk in a straight line or count backwards. All of these questions and comments are normal police protocol and it is best to do as the officer requests without getting angry, frustrated or upset.
To Test or Not to Test?
There are three different testing options usually offered when you have been accused of a DWI. The most common test is the breathalyzer which checks your blood alcohol content level when you breathe on a stick. The breathalyzer is never 100% accurate which is why you may also be asked to take a blood test or provide a urine sample when you arrive at the police station. All three of these tests are not mandatory which means you have the right to refuse them.
However, if you do refuse to take these tests and you are later found guilty, then you may be facing a gross misdemeanor charge instead of a misdemeanor. The difference could end up costing you up to $2000 extra in fines as well as up to one year in prison. Weigh your options carefully or contact a lawyer before deciding whether or not to take the tests.
Keep in mind that anything you say and do while speaking to a police officer can be used against you in a court of law. This is why it is so important to do as the officer instructs and then keep your mouth shut until a lawyer is present.
You have the right to an attorney and you will be given this right as soon as you reach the station. Instead of explaining your story (“I only had one beer”, “I didn’t know I would blow over….”), stay quiet and let a St Paul criminal defense attorney do the talking.
Facing a criminal conviction? Contact criminal defense attorney William K. Bulmer II today at 612-384-7003 for a free consultation.
St Paul Domestic Assault Defense Attorney
January 28th, 2010Domestic assault is classified as any assault charge that happens inside the home or to a family member. This can include spousal assault charges, child assault charges and extended family assault charges. Most domestic assault charges are filed by a spouse or former spouse. Although some domestic assault charges are filed on reasonable and just grounds, others may be filed simply out of spite, anger, resentment or jealously. However, all domestic assault filings are taken seriously and, no matter what the circumstances surrounding the case, you could be facing very serious convictions.
Facing Domestic Assault Charges
The first thing you will notice is that your home life takes a turn for the worst. You will most likely need to move out of your home and find accommodation away from the alleged victim. If children are involved, you also may be battling custody and visitation right issues. It can be hard to keep it all together, especially when the things that matter the most appear to be crumbling but it is important to remember that a domestic assault arrest will not necessarily lead to a conviction.
You may also face certain accusations from co-workers, neighbors and close friends. When it comes to a legal court case, it would appear that everyone wants to put in his/her two cents. It is best to try to ignore the comments and the stares and instead surround yourself with supportive family members and friends. You might want to consider taking some time off work, especially if you are feeling angry or upset about the whole situation. However, many others will choose to continue to work through the allegations as a way to keep their mind off the looming court case.
Regardless of how you decide to handle the domestic assault allegations, you can always confide in your domestic assault defense lawyer. If you are confused or concerned about anything involving the case, it is best to voice your fears. Your St Paul defense lawyer is not only there to help you with the legal implications of a domestic assault case, but they can also provide you with the emotional support to ensure the best outcome possible.
Fighting an Order for Protection
Most domestic assault cases will also come with an Order for Protection. In a sense, an Order for Protection is a restraining order filed by the alleged victim. It will outline certain regulations involving contact with the alleged convict. You may need to stay a certain distance away from the alleged victim and/or your children. This means you may not even be allowed in your own home or around your family. An Order for Protection can be an emotionally devastating and frustrating thing to deal with, especially if the arrest has been made on false grounds.
There are ways to fight an Order for Protection and ensure that you can continue on with your life while the investigation takes place. You are innocent until proven guilty but an Order for Protection will most likely make it seem like this is not the case. Make sure you discuss your legal options with an experienced assault lawyer.
Contact criminal defense attorney William K. Bulmer II today at 612-384-7003 for a free consultation.
Minneapolis Child Abuse & Neglect Defense Attorney
January 5th, 2010Facing child abuse or child neglect accusations can be one of the hardest criminal offenses to grasp. Because a child is involved, often the courts will be less-than-sympathetic towards the defendant. Furthermore, often the defendant will be a parent or someone who dearly loves the child in question which can make the situation even more emotionally devastating. And, in addition to this, there is a certain social stigma surrounding child abuse cases. Most people are quick to judge a person accused of child abuse before hearing the court’s decision. What this means is that, when dealing with a child abuse accusation, it is more important than ever to seek experienced legal advice right away.
Child Abuse Definition
Child abuse is defined as an act or failure to act on the part of a parent or caretaker, resulting in death, serious physical or emotional harm, sexual abuse or exploitation of a child. There are a number of instances that fall under child abuse or neglect in Minnesota. This may include:
- Physical abuse
- Sexual abuse
- Sexual exploitation
- Neglect
- Emotional abuse
- Abandonment
- Child molestation
Penalties for Child Neglect and Abuse
When it comes to child abuse/neglect convictions, there is a lot more at stake than just the strict penalties. If you are convicted of child abuse, you will most likely face jail time, hefty fines, counseling, a restraining order, a psychological evaluation and community service. However, you will also face the emotional consequences of this crime. You may lose the respect of your family and friends. You may lose all rights to your children. You may lose your job and your ability to find a job after you have served your sentence. You may feel a social stigma that affects the quality of your life. Furthermore, sexual child abuse cases will also limit where you can work, where you can live and who you can interact with. This criminal conviction will remain on your permanent record, allowing potential employees, tenants and neighbors to see this black mark.
Who is at Risk?
There are a number of reasons that you may be facing a criminal accusation for child abuse. Many people will assume the worst and report it to the authorities; many children will lie about their abuse in order to rebel against their parents or get their way; many people will accuse their former spouses of abuse in order to gain access to a child or as a method of revenge. Furthermore, child abuse convictions do not only happen to parents. Those who work around children may also be accused of child abuse, including nannies, day care workers and teachers.
Take Action Now!
Keep in mind that, a child abuse conviction must come with “proof beyond a reasonable doubt” that the person is, in fact, guilty. There are a number of defense strategies and loopholes in child abuse cases. The Law Offices of William K. Bulmer II will work on your behalf to ensure that you receive the best outcome possible. It is important that you seek legal assistance right away as soon as any accusation is made. After all, can you really risk a child abuse conviction? Contact our law offices today for a free, no obligation consultation at 612-384-7003.
Minnesota Employee Theft Defense Lawyer
January 5th, 2010According to the Department of Justice, employee theft is one of the fastest growing crimes in the United States with nearly one third of all employees committing some degree of employee theft during their time of employment. The US Chamber of Commerce reports that employee theft cost businesses over $50 billion annually and that 33% of all new businesses fail due to employee theft. What this means is that retailers and corporations are cracking down on theft crimes by installing more security measures than ever before. It also means that employee theft-related crimes are now considered more serious than ever and come with severe legal consequences if convicted.
Common Employee Theft Crimes
Employee theft refers to any theft that occurs in the workplace. This can include white collar crimes as well as petty thefts. Below are some of the common employee theft-related charges:
- Corporate crimes, including embezzlement, extortion, insider trading, racketeering, money laundering, bribery and blackmail
- Stealing money directly from the cash register
- Stealing good from the store or the back of the store
- Switching price tags on items
- Forging receipts in order to pocket the money
- Shipping and billing scams
- Pocketing “lost and found” items
- Faking on-the-job injuries to gain workers compensation
- Voiding receipts to pocket the money
- Deliberately not charging for items and pocketing the money
- Taking office equipment
- Stealing gift cards
Employee Theft Penalties
Employee theft usually involves a very complicated legal hearing. There are a number of factors that will determine your criminal charge including the amount of good stolen, the damage to the victim, the media attention and your past criminal behavior. If some instances you may be facing a misdemeanor charge while in other instances you may need to defend against a felony charge. Furthermore, larger employee theft crimes, often referred to as white collar crimes, may span outside the state boundaries and thus you could be facing the federal court system.
If you are convicted of employee theft, you may be facing prison time, hefty fines, restitution to the victim, counseling and community service. You may also face emotional embarrassment and shame, especially if your employee theft case makes headlines. If you are convicted in the federal court system, you could also lose your rights to own firearms and to travel overseas.
Take Action Now!
If you have been wrongly accused of employee theft, then you need to seek qualified assistance in your legal case. Employee theft can not only come with severe penalties but can also negatively impact your ability to find employment after serving your sentence. After all, almost all employers will include a criminal record check as part of their employment process. There are a number of defense strategies that can be used to avoid a criminal conviction. The Law Offices of William K. Bulmer II can provide you with a qualified, passionate and knowledgeable Minnesota criminal defense attorney who will act as your voice in the criminal justice system. Make sure your rights are protected – contact our Law Offices today for a free, no obligation consultation at 612-384-7003.
Minneapolis Domestic Violence Defense Lawyer
January 5th, 2010Domestic violence, also referred to as domestic assault, is a very serious and often complicated criminal offense. The reason is because most criminal domestic violence cases are based on a ‘he-said-she-said’ argument. Domestic violence occurs within a household and can involve any number of family members including:
- A spouse or former spouse
- Parent , child, grandparents, aunt, uncle, cousin
- Persons related by blood
- Persons presently living together, or persons who have lived together
- Persons who have children together or who are expecting a child together
- Persons involved in a romance and sexual relationship
Domestic Assault Crimes
Domestic violence is defined as the following:
- Committing as act with intent to cause feat in a family or household member of immediate bodily harm or death. This can include threats.
- Intentionally inflicting bodily harm against a family or household member
- Attempting to inflict bodily harm again a family or household member.
Under the Minnesota state definition of domestic violence, you may still be charged with domestic violence even if a violent act did not occur. If you are facing a domestic assault accusation, it is critical that you act fast and seek legal representation as soon as possible. Many people will hope that the whole mess will just go away on its own; this is rarely the case. You need to act fast in order to avoid criminal convictions.
Civil Implications
There are a number of factors that will affect your domestic violence accusation. These are often referred to as aggravating factors and may include:
- The severity of the accusation
- Your past criminal history, especially pertaining to assault and violence
- Whether a weapon was used
- Whether substantial bodily harm was caused
- The damage done to the victim
- Whether a child was involved
Domestic violence convictions will fall under the categories of misdemeanor, gross misdemeanor or felony. You may be facing prison time, fines, domestic violence counseling, restitution to the victim, a psychological evaluation, restraining orders, anger management, alimony claims, custody battles, property claims and an Order for Protection.
Keep in mind that just because you are facing a domestic violence charge does not mean your conviction is already decided. There are a number of defense strategies that can ensure you the best outcome possible. You may be able to use an alibi defense, a credibility defense or a self-protection defense. It is important to discuss your case and your options with a qualified Minnesota criminal defense lawyer.
Take Action Now
If you or someone you know has been arrested for domestic violence, you will need to contact a qualified assault lawyer. The Law Offices of William K. Bulmer II can provide you with the legal assistance, compassion and knowledge you want when fighting against this serious criminal conviction. A domestic violence criminal charge can negatively impact your entire quality of life and further complicate any charges down the road. Don’t risk your future – contact our Law Offices today for a free consultation at 612-384-7003.
Minnesota Shoplifting Defense Lawyer
January 5th, 2010Shoplifting is a leading criminal offense across the state of Minnesota, affecting thousands of retailers every day. Because of this, many retailers are taking extreme measures to stop shoplifters which have resulted in more and more shoplifting arrests.
Shoplifting Charges
There are a number of activities that constitute as shoplifting. Stealing an item from a store is the most common definition of shoplifting but other shoplifting offenses can include switching price tags and exchanging items of greater value. Some shoplifting schemes are performed by individuals while others are part of a team effort and strategic plan. If you are caught shoplifting, regardless of whether you have been accused of stealing a pencil or a wide screen television, then you could be facing a criminal conviction.
In most instances, if this is your first offense, shoplifting will be charged as petty theft and, if convicted, you will receive a misdemeanor or a gross misdemeanor charge. This can result in up to 90 days in prison as well as a $3000 fine. You may be able to reduce this sentence and, in some instance, you may be put on probation instead of facing prison time. However, if the amount of stolen goods is over $400 and/or this is then you may be facing a felony charge of grant theft or larceny. Felony convictions come with heftier fines, heavier prison time sentences and other serious implications.
Shoplifting and Juveniles
Shoplifting is one of the leading criminal offenses committed by juveniles. It is unknown why juveniles and shoplifting tend to go hand in hand but it has been suggested that this is due to the amount of free time, the lack of a dependable income and the presence of boredom and/or peer pressure. Furthermore, most shoplifting crimes will take place around the holiday seasons, especially during Christmas when the malls are busier and thus the surveillance may not be as reliable.
Juveniles will often assume that a shoplifting charge will result in a simple slap on the wrist or perhaps a few hours of community service. This is usually not the case. If you are convicted of shoplifting, you can expect this charge to impact your entire life. After all, a criminal offense will remain on your record forever. This could cause problems down the road. You may have trouble finding decent work, getting into a good school, applying for a student loan or finding a rental apartment. After all, your permanent record can, and often is, checked during all employee, student and tenant leasing agreements.
Take Action Now
If you or someone you love has been accused of shoplifting, you will need to contact an experienced Minnesota shoplifting attorney right away. At the Law Offices of William K. Bulmer II, you will not only get a compassionate, qualified and experienced criminal defense attorney, but you will also get the assurance that your case is in the best legal hands. A shoplifting conviction can negatively impact your entire life – do not take this risk with your future. Contact the Law Offices of William K. Bulmer II today for a free, no obligation consultation at 612-384-7003.
Minnesota Fraud Attorney
January 5th, 2010Fraud-related crimes are defined as deliberately deceiving another in order to obtain money, property, goods or services. Fraud is considered one of the most common crimes in both corporate and private environments. Furthermore, many fraudulent crimes will span across the state lines, affecting victims in cyber space. What this means is that if you are arrested for a fraud crime, you may be facing a federal conviction.
Common Types of Fraud
- Mail and wire fraud – mail fraud refers to any fraudulent activity that takes place using the United States Postal Service or private commercial carrier. Often mail and wire fraud crimes will include pyramid schemes, non-delivery of products and white collar crimes. Wire fraud is any fraudulent activity that takes place through the telephone, fax machine, internet or other communication method. Wire fraud can include pyramid schemes, telephone marketing schemes and internet auction scams.
- Check fraud – forging or counterfeiting checks, using checks that are in someone else’s name or writing checks that you know will bounce.
- Credit card fraud – using someone else’s credit card/debit card to pay for goods and services. Credit card fraud often takes place over the internet.
- Mortgage fraud – fraudulent behavior relating to your mortgage payments or attempting to obtain a mortgage based on inaccurate information
- Tax fraud and tax evasion – using fraudulent material to benefit on your taxes or deliberately omitting material on your tax return.
- Securities fraud – fraudulent behavior relating to securities and investments.
- Insurance fraud – using fraudulent material to benefit through insurance. This may include worker’s compensation, medical assistance or social security insurance cases.
Fraud Penalties
If you are convicted of fraud, your sentence will depend on a number of factors including:
- The severity of the crime
- Whether you are charged in a state or federal court
- Your criminal history/behavior
- The losses suffered by the victims
- The total value of goods stolen through fraud
- Your defense strategy and plea
You may be able to walk away with a non-guilty sentence or minimal penalties depending on your situation. However, those who are convicted of fraud-related crimes can face years in prison, hefty fines, community service, restitution to the victim and will most likely incur a permanent criminal offense on their criminal background check. This black mark on your criminal record can negatively impact your ability to own firearms, to travel overseas, to obtain loans from financial institutions and to find a decent career in the future.
Take Action Now
If you are being investigated for any fraud-related crime, then it is important to seek legal representation sooner rather than later. Even if you have not been arrested but are receiving suspicious phone calls or police activity, it is best to contact an experienced criminal defense lawyer to help you with the legal implications. The Law Offices of William K. Bulmer II can assess your case and determine the best defense strategy for your situation. Do not wait until it’s too late – contact our law offices for a free consultation at 612-384-7003.
