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Cotter Law Office Blog

Urine Test Results for DUI Suspects Admissible at Trial

March 3rd, 2011

Urine Test Results for DUI Suspects Admissible at Trial

In December 2010 the Minnesota Court of Appeals ruled that the results of urine tests to determine the alcohol in a driver’s urine are admissible at trial. This is a huge victory for prosecutors trying alcohol related cases statewide.

Unfortunately the results of these tests may not be completely accurate. Experts have said that if a person has not recently voided their urine, that the urine can collect and pool in the bladder and thus give an inaccurate report of the body’s alcohol content. This could result in a person’s urine test showing higher alcohol levels than their actual blood alcohol level. These false test results could cause some people to be wrongfully convicted of a DUI when their actual Blood Alcohol Content (BAC) is below the legal limit.

Hopefully this case will go to the Minnesota Supreme Court and they will decide that because these urine test results are not generally accepted as accurate in the scientific community, that they should also not be accepted as accurate in the courtroom. But until this day comes anyone charged with a DUI needs a skilled and experienced criminal defense attorney. If you need someone to help you navigate the confusing legal challenges that come with being charged with a DUI, then contact Cotter Law Offices. Attorney Patrick Cotter has successfully tried numerous DUI cases. Call today for a free initial consultation: 612-436-3050 (office), 651-214-8624 (cell).

Social Media and Sexual Assault: Stillwater man sentenced for Sexual Misconduct via Facebook

February 16th, 2011

A 41-year-old Stillwater man was sentenced last week in federal court in St. Paul after pleading guilty in September to producing child pornography.

The court sentenced Shane Allen Werlein to serve 30 years in prison for various acts of sexual misconduct such as posing as a teenage girl on Facebook and befriending underage girls for sex. Werlein claimed he has a sexual addiction caused by being teased as an overweight child.

Between November of 2009 and February 2010, Werlein used fake Facebook profiles as part of a scheme to persuade the girls to engage in sex acts and send him pictures. He also admitted to having sexual contact with the girls and using his cell phone to take photos of them.

Prosecutors argued that Werlein deserved a harsh sentence because he had a history of sexual abuse of underage girls. This abuse ranged from having sex with his girlfriend’s teenage daughter, stalking underage girls when he was in his late 20s and dating a 17-year-old girl when he was in his late 30s.

The defense tried to argue for a lighter sentence claiming years of bullying as a child led Werlein to pornography and made him a sex addict. The court was unconvinced and sentenced Werlein to 30 years in federal prison.

People charged with sex offenses face a challenging legal situation. Whether or not the alleged sex offender has committed any crime, the general public is always against you. If you or someone you know has been charged with any sex related crime such as rape, incest, sexual assault, flashing, or any other, you need a skilled and experienced criminal defense attorney on your side. Contact Cotter Law Office by calling 612-436-3050 (office) or 651-214-8624 (cell). Attorney, Patrick Cotter will help provide you with the best defense possible. Call today for your initial consultation.

Drug Trafficking and Police Searches

January 28th, 2011

A story from across the country caught our attention here in the Twin Cities. A man by the name of Esteban Galtes was arrested at Los Angeles International Airport after federal agents allegedly discovered 14 pounds of cocaine hidden in pastel covered, egg shaped candy. Gates told authorities the candy was for his two kids. There was also cocaine hidden under the cardboard bottom of a paper shopping bag. The total estimated value of the cocaine was $100,000. The man was returning from a one week trip to Colombia according to authorities. If convicted the man could be facing up to life in prison for drug trafficking. This would be a federal offense, because he was crossing state lines and traveling in an airplane. All crimes aboard air planes are federal crimes.

If you have been arrested for a drug crime, here in the Greater Twin City Area, chances are you had to undergo a search. At any point during an official search, the police or agents doing the search may have violated your civil rights. Issues of proper cause, having a proper warrant and so forth must be followed by any police officer in question, and only a skilled criminal defense attorney can provide the necessary legal representation to investigate all police conduct and misconduct. If you have been arrested, you need someone who can provide top notch representation and work hard to create the best defense possible. Contact Cotter Law Office by calling 612-436-3050 (office) or 651-214-8624 (cell) and experienced criminal defense attorney, Patrick Cotter will fight for your rights.

Harsher Federal Punishment for Violent Repeat Offenders

January 10th, 2011

Over Thanksgiving weekend three masked men robbed a White Bear Lake bar. Two men are still at large, but one was arrested and now faces additional federal charges which could mean a harsher punishment if convicted.

Tyice A. Phillips, 33, appeared in federal court Monday in St. Paul on charges of interference with commerce by robbery (under the Hobbs Act), being a felon in possession of a firearm and possessing a firearm while committing a violent crime. He remains jailed on $100,000 bail.

The Hobbs Act allows federal prosecutors to charge violent repeat criminals who commit armed robbery in places of business involved in interstate commerce. This can lead to tougher sentences than state law allows. Also, because the federal system has no parole, those receiving federal sentences serve their entire sentence.

Phillips could spend more than 15 years in prison for the robbery, but with a good defense attorney on his side he could be much better off. If you or someone you know have been charged with a crime such as robbery, you need a skilled and experienced criminal defense attorney. Contact Cotter Law Office by calling 612-436-3050 (office) or 651-214-8624 (cell). Attorney, Patrick Cotter will help provide you with the best defense possible. Call today for your initial consultation.

Sexual Assault by Accident?

December 22nd, 2010

On September 28, 2010 the Minnesota Court of Appeals ruled that the intent required for a criminal sexual conduct conviction can be transferred intent. In State v. Austin, a case out of Olmstead County, the defendant got very drunk and smoked marijuana. He then went to a neighbor’s apartment because he wanted to have sex with her. After they kissed and groped each other, the defendant was so drunk that he fell asleep. When he woke up his neighbor was gone so he stumbled into another bedroom and began fondling and having sexual contact with the person in that bed. He was too drunk to realize that he was not fondling his female neighbor, but was molesting a 13 year old boy. Defendant was charged with second-degree criminal sexual conduct.

The defendant argued that he was not guilty because he did not intend to have sexual contact with or molest the 13 year old boy. He claimed it was a drunken mistake. The state had to prove that he had acted with “sexual or aggressive intent” and that he intended intimate touching to occur. The Court held that because the defendant intended to have sex with one person but ended up having sexual contact with another he could be convicted under the doctrine of transferred intent. The defendant’s intent transferred to the 13 year old boy despite his being drunk and mistaken. The Defendant was found guilty of second-degree criminal sexual conduct.

People charged with sex offenses face a challenging legal situation. They have to navigate courts that want to either put them in jail or limit their overall freedoms, they have to face juries that are often not on their side and they have to face a general public that wants to completely eliminate them from society. Whether or not the alleged sex offender has committed any crime, the general public is always against you. This is just another reason you need a skilled criminal defense attorney on your side who will stick by you and be your advocate throughout the trial and pretrial processes.

If you or someone you love has been accused of a sex crime such as rape, incest, sexual assault, flashing, or any other, contact Cotter Law Office by calling 612-436-3050 (office) or 651-214-8624 (cell). Attorney, Patrick Cotter will help provide you with the best defense possible. Call today for your initial consultation.