Landmark Decision Could Be a Game Changer for DWI Cases
July 15, 2013 | Jon P. EricksonIn April of 2013 the US Supreme Court published its decision in Missouri vs McNeely. This is a landmark decision concerning testing of alcohol in driving while intoxicated (DWI) cases. It requires that the police must get a search warrant to take a sample of a person’s blood absent reasonable consent or exigent circumstances. The language in the decision as well as other decisions by both the US and Minnesota Supreme Court suggests that it also applies to urine or breath tests in DWI cases. Attorneys throughout Minnesota have been arguing in the past months that any tests taken in DWI case are now unconstitutional. This also applies to the civil side of these cases concerning the loss of driver’s licenses, the impounding of plates and the like. I have in my office copies of decisions from Judges in six different counties in both the criminal cases and the civil driver’s licenses cases suppressing evidence from breath, urine, and blood tests relying on the decision in Missouri vs McNeely. We at BGS are recommending that if you’ve been charged with a DWI and/or if your driver’s license is being taken away from you because of a DWI arrest, you should talk to one of our attorneys about your rights. There is much that…
Read MoreHow Much Does a Divorce Cost in Minnesota?
July 15, 2013 | Elizabeth A. SchadingIt’s almost impossible to determine how much a divorce in Minnesota will cost before it begins. There are just too many factors to calculate. You should, however, plan for the divorce to be expensive. You will be dealing with a variety of different costs and fees. The first fee you’ll encounter is the filing fee. It will cost you $400 as of this writing to file your divorce petition in court in Minnesota. [maxbutton id=”1″ url=”https://bgs.com/contact-us/?july” text=”Get Help with Your Case” ] If you need to file any motions each motion filing fee will cost you $100. If you try to file anything by fax you could be hit with additional fees of $25 to $50, each and every time. The filing spouse may need to pay to have the divorce papers served. This is usually $50 or more. If you are low income you can sometimes apply to have many of these fees waived. That doesn’t make your divorce free, but it will alleviate some of the costs. You may have to pay for a custody evaluation. Expect to pay $5,000.00 or more. You also will need to understand that no attorney can predict how many hours it will take to complete your divorce. There will be an hourly fee and an…
Read MoreWhat is an Uncontested Divorce in Minnesota?
July 11, 2013 | Elizabeth A. SchadingMany people confuse an uncontested divorce with a “do-it-yourself” divorce. A divorce that is “uncontested” has merely settled out of court. Like 95{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} of divorces in Minnesota, it never goes to trial. It has the benefit of being fast, less expensive, and less rancorous than the litigated alternative. This outcome doesn’t happen by magic, however, and it doesn’t usually happen because two incredibly reasonable people sit down to hash out the end of their marriage without a single bump in the road. Most “uncontested” divorces still involve attorneys. Indeed, if one or more parties in the divorce is not represented by an attorney, there will still need to be a hearing if minor children are involved. The judge needs to make sure that the settlement is not one-sided. Getting an uncontested divorce that is fair for all parties might require the help of attorneys, mediators, neutral custody evaluators and financial planners. Each of these professionals can provide different perspectives on the dissolution of your marriage and can help both you and your spouse reach an equitable settlement. You should also be aware that you and your spouse cannot save money on your divorce by agreeing to be represented by the same attorney. You and your spouse each need a different attorney. You can…
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