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Minneapolis Criminal & Family Law Blog

When it comes to Fourth Amendment protections, exceptions may apply

When it comes to protecting the personal rights and freedoms of individuals in the United States, the Fourth Amendment to the U.S. Constitution is one of our most important legal protections. Under the Fourth Amendment, individuals are "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" from the government.

Protections afforded under the Fourth Amendment come up frequently when defending against misdemeanor and felony drug charges. In cases where a drug arrest stems from evidence discovered on an individual’s person or in a vehicle or home; the admissibility of that evidence in a courtroom largely depends on how such evidence was discovered.

Minneapolis patrol officers to participate in pilot body camera program

In recent months, there has been much anger and debate in the U.S. about the death of 18-year-old Michael Brown. The African-American teenager’s death stemmed from a confrontation with a police officer who some contend used excessive force.

More recently, a grand jury investigating the events that lead to Brown’s death sided with the police officer and absolved the officer of any wrongdoing. Regardless of one's stance regarding the circumstances of Brown’s death, many believe that much of the controversy surrounding this case could have been mitigated had the police officer been wearing a body camera.

Upon establishing paternity, how can a father gain physical custody rights to a child?

Back in August we discussed how unwed fathers can establish paternity and legal rights to a child. As we discussed in our post, unwed fathers have no legal rights to a biological child unless and until they go through the legal process of establishing paternity. Once paternity has been established, either voluntarily by both parents or by a court order, a father may file a petition seeking child custody or visitation rights.

In cases where a father who is unwed or who is not married to their child's mother seeks joint physical custody of a child, it's best when both parents are able to negotiate a shared custody agreement with the aid of their respective attorneys. In cases where parents are not able to agree about the terms of a shared physical custody agreement, custody terms are decided by the courts.

Minneapolis residents with child custody issues need a strong legal advocate

Relationships change and evolve over time. This is especially true when it comes to the relationship between spouses. Financial difficulties, raising children and job responsibilities are just a few of the many issues that can add stress to and lead to the breakdown of a marriage. In cases where a spouse is unfaithful, has a drug or alcohol problem or where spouses simply discover they have less and less in common; a marriage is likely to be unhealthy and spouses unhappy.

For Minneapolis area residents who discover that a spouse is cheating or that they no longer share the same life goals with a partner, it's wise to discuss one's options with a divorce attorney. At Groshek Law, we understand the significant changes that accompany divorce and work to ensure for an individual's financial success post-divorce.

Are Minnesota employers allowed to question job applicants about criminal background?

There's a saying that to err is human. There have likely been times in all of our lives when we experience lapses in judgment or found ourselves in a difficult situation. The great thing about human beings is our ability to learn from mistakes and change our behaviors accordingly.

For individuals with a criminal record, the long-lasting implications of a DUI conviction or drug arrest can have negative and far-reaching implications on both one's personal relationships and ability to secure employment. In fact the employment screening practices of many U.S. businesses automatically excludes individuals with criminal records before they can be judged on their merit and experience. This changed in Minnesota in January of 2014 when Gov. Dayton signed a bill into law that included provisions making it illegal for private Minnesota employers to ask questions related to a job applicant's criminal background on job applications.

Divorce and protecting inherited assets

Many married couples argue over money. A couple may struggle with debt, one spouse may disapprove of the other's spending habits or spouses may argue over how to invest their assets. Regardless of the actual argument, when money is involved, things can grow heated quickly.

In cases where a married couple chooses to divorce, fights over the division of money and assets can become extremely contentious. This is often especially true in cases where inherited assets are at stake. There are, however, steps an individual can take to protect inherited assets and help ensure those assets are retained in the event a couple divorces.

Defending against drug possession charges

Marijuana, cocaine, methamphetamine, heroine and ecstasy are all considered illegal or illicit drugs. State and federal drug laws often carry stiff penalties for individuals found in possession of these types of illegal drugs or in possession of paraphernalia or other chemicals or materials believed to be associated with the cultivation, manufacturing, sale or distribution of these types of drugs.

An individual may be charged with drug possession if an illegal drug is found on his or her person or in his or her possession which could include in one's car or home or on one's private property. When it comes to penalties associated with a drug crime conviction, much depends on the type and quantity of drug that's involved.

Preparing for the divorce process

In this blog and in the media, much attention is paid to the emotional struggles that accompany divorce. There's no doubt that the divorce process can stir up a myriad of negative and conflicting feelings and emotions. Compounding the difficulties of coping with these difficult emotions is the actual divorce process, which is complicated and often lengthy.

While no one can fully prepare for the unexpected twists and turns that frequently accompany a divorce, being informed and organized can greatly reduce the stresses and headaches that accompany the process.

Does your partner or spouse have the cheating gene?

When it comes to the laws of attraction, numerous factors often come into play. From how an individual looks to what he or she does for a living to life experiences; attraction and so-called chemistry is often necessary for the development of any romantic relationship.

Those factors that contribute to making a relationship last are often more complex. For many individuals, honesty and fidelity are among those traits desired and admired in a significant other. Individuals who, for whatever reason, lack these attributes are often more likely to cheat on a partner or spouse.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

My ex won't pay child support. Can I withhold visitation?

It can certainly be frustrating not to receive the child support the family court has ordered. For a custodial parent who relies on that money to meet the children's basic needs, the holidays can be a particularly exasperating time for your kids' other parent to come up short. It can put you in a tough position: Do you take the other parent to court right before a big family holiday? Or do you skimp on presents while the other parent seems to have plenty of cash?

If you've ever been in this situation, you might be tempted just to tell your ex that he or she won't be getting any visitation until that child support is paid up. That ought to work -- but is it legal?

Not in Minnesota. There are probably few if any states where such a tradeoff would be considered reasonable or in the children's best interest. Also, keep in mind that these are court orders, which means you don't have the authority to act unilaterally.

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Juvenile Criminal
Defense Strategies

Christa Jacqueline Groshek
© 2012 Aspatore Books from
Thomson Reuters Westlaw.
Reproduced by permission