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Over 30 years A Minnetonka criminal lawyer with experience

When the stakes are high, you need an experienced lawyer in your corner

Former president and current member of the Minnesota Society for Criminal Justice

Experienced Professionals

We work with private investigators and legal experts to uncover evidence and find people to testify on your behalf.

Suppress Evidence

You'll appreciate our hard work to prevent incriminating evidence being used against you.

Protect Your Rights

We challenge all aspects of police investigations to get you the tough, vigorous representation you deserve.

Know Your Rights - Minnetonka Criminal Defense Lawyer

Evidence towards your case could be excluded

If you recently experienced a search of your home by police and feel your rights may have been violated, evidence could be excluded from your case. The United States and Minnesota constitutions require police officers to obtain a valid warrant before entering your home. The longer you delay, the more time the prosecution will have to mount a case against you, despite the fact their evidence was obtained by violating your rights.

Minnesota Criminal CodE - your protection

The provisions of Chapter 626 of the Minnesota criminal code are designed to require a warrant for member of law enforcement to enter a person’s house or seize their property. This warrant has to be obtained from a judge or magistrate. The judge will require the officer to offer reliable evidence of probable cause that a crime is occurring or did occur in your home. The warrant needs to be specific as to the areas of the home subject to search, and police are not permitted to search areas not authorized by the search warrant.

Exceptions to warrant requirements

Exigent circumstances – This is when it would probably be dangerous or futile to take the time to obtain a warrant. An example of this is if police believe there is drug activity occurring in the house, and it is likely the suspects will destroy the evidence

Consent – If you consent to a search, police do not need a warrant. Police can obtain consent from any person with authority to so, not just the actual
suspect. There may be issues with consent gained from someone who did not speak English, who was of diminished mental capacity, or was tricked by the officer into giving consent.

Plain view – If illegal items or activity appear in plain view, police officers do not need a search warrant to take those things as evidence.

Open fields – The open fields doctrine, which was developed by the United States Supreme Court in the 1920’s, states that pastures, wooded areas, open water, and vacant lots are not protected.

Don't give officers reasons to arrest you

You are not required legally to take any field sobriety tests in the state of Minnesota and you can refuse to do so without repercussions.

If you are pulled over by the police, stay in your vehicle. Talk very little and provide your driver’s license and insurance to the officer when they are requested.

Be polite, and don’t argue. Keep in mind you are not required to answer any of their questions, including where you have been, where you are going or how much you have had to drink.

If the officer begins to ask you questions, say that you feel uncomfortable in the situation and would like to speak with your attorney before answering any questions or performing any tests.

Don’t perform field sobriety tests! These tests are often not given or evaluated properly. The officer is looking for a reason to arrest you – don’t give them a reason.

Practice Areas

  • Domestic Assault

  • Assault

  • Drug Crimes

  • DWI

  • Sex Crimes

  • Prostitution

  • Theft

  • Shoplifting

  • Manslaughter

  • Misdemeanor and felony charges

  • Illegal Arrest Hearings

  • Order For Protection Violations

  • Gun Crimes

  • Probation Violations

  • Jury Trials

  • Appeals

Recent Cases

  • 25 Sep

    State Vs. Larson, 485 N.W.2d 571 (Minn.App 1992)

    I was successful in challenging my clients stop at a checkpoint. The Minnesota Court of Appeals held that a "stop when safe" rule was entirely subject to the judgement of the individual officer and did not provide any guarantee against the "exercise of unbridled discretion" or "undetectable subterfuge."

  • 25 Sep

    State V. Mcllraith, A08-0122, (Minn. App. 2009)

    We were able to exclude my clients breath test results where the police and jail personnel hampered my clients attempt to arrange for an independent, additional test of his own.

  • View all recent cases

    Charged With a Crime?

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    “I’m so fortunate to have hired you. Justice has been served. I would highly recommend you to anyone who needs help. I love you and again thank you very much. A big hug and kiss for you.”

    Rosemary M.

    “Jerry and I want to thank you again for all the work you did for us. I wanted to let you know that I got car insurance for 6 months for $605.00 through Farmers Ins. Co., for full coverage on 2 vehicles. That’s a whole lot better than having to pay that Progressive Ins. Co. $1,889.00 for 6 months. Thanks again and have a nice holiday.”

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    “Thank you so very much for handling my case. I am glad things turned out so well.”

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    “I really want to thank you for the great job you did for me. Also, thanks so much for caring personally for me. I really plan to straighten up my life and stay out of trouble. Thanks so much again! Love ya.”

    Teresa

    “Thank you for your very effective representation of Ben with the Cub matter.”

    ROD J.

           Straight-forward & knowledgeable

    “After finding Mr. Leviton’s number in the phone book, he advised me exactly what to do even at 2am!
    We met for a consultation where he outlined the case, costs and flaws made by the police. I trusted him and he was honest and came through for me. Throughout the process he stayed in touch with me through the mail and by phone. He loves to challenge the legal system and know his stuff! I would happily use him again and recommend to family and friends. We won our case and I am very thankful for his services!!”

           AMY S.

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    11900 Wayzata Blvd, Minneapolis, MN 55305

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    Phone: 612-799-4740 Fax: 952-554-0129

    Email

    jamesleviton@leviton-law.com

    We can protect your freedom. How May I help you?

    James H. Leviton, Attorney At Law is a criminal defense law firm serving clients in the Twin Cities (St. Paul and Minneapolis) metro area and throughout greater Minnesota, including the cities of Woodbury, Lake Elmo, Stillwater, White Bear Lake, Shoreview, Roseville, Maplewood, Mendota Heights, Eagan, Burnsville, Apple Valley, Hastings, Cottage Grove, Bloomington, Edina, Eden Prairie, St. Louis Park, Plymouth, Lakeville, Richfield, Minnetonka, Maple Grove and the counties of Hennepin, Ramsey, Anoka, Washington, Dakota, Scott and Carver.

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