Court Finds Taking Pictures Up Skirts is not Criminal

July 28, 2016

A recent holding from the Georgia Court of Appeals ruled that the act of taking a picture or video footage up a woman’s skirt is not a criminal offense. In an order issued earlier this month, a divided court ruled that this behavior, regardless of how reprehensible it is, does not violate the law. The current prohibits the use of any device to record the activities of another without consent, but only if it’s done in a “private place and out of public view.” In this case, the defendant’s behavior occurred in a public location and in public view, and therefore did not violate the law.

Duluth, MN Criminal Defense

If you have been charged with a crime, get the help of an experienced criminal defense lawyer. Andrew T. Poole of Poole Law Office PLLC practices criminal defense in northern Minnesota, including Duluth, Virginia, Hibbing, Carlton, and Grand Rapids, and is happy to chat about your case.

N.J. Supreme Court Rules Police Can’t Stop People for High Beams

July 21, 2016

The New Jersey Supreme Court ruled issued a decision this month holding that police cannot stop driver’s simply for having their high beams on. Pursuant to New Jersey law, drivers are supposed to dim their high beams when approaching oncoming traffic. In 2013, however, a New Jersey police officer stopped a driver for failing to dim his high beams, even though the police office was on-foot investigating an abandoned car. Following the stop, the officer located contraband, to include an unlicensed hand gun. The Court held “the language of the high-beam statute is unambiguous; drivers are required to dim their high beams only when approaching an oncoming vehicle. Neither a car parked on a perpendicular street nor an on-foot police officer count as an oncoming vehicle.” Accordingly, the police officer lacked reasonable suspicion to stop the motorist.

Minnesota’s high beam law is contained in Minn. Stat. Sec. 169.61, and it reads: “When the driver of a vehicle approaches a vehicle within 1,000 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver.” Additionally, Minnesota courts have held that even if a driver fails to dim his high beams within 1,000 feet of oncoming traffic, there still needs to be some evidence that the high beams actually blinded or impaired the oncoming driver.

Hire a Criminal Defense Attorney

If you have been stopped by law enforcement and charged with a crime, seek the help of a criminal defense lawyer. Poole Law Office PLLC is located in Duluth, Minnesota and Attorney Andrew Poole practices in all areas of criminal defense. Contact us today for your free consultation.

3 Ways to Avoid Committing a Crime this Thanksgiving

November 16, 2014

Each November, family and friends come together on Thanksgiving to give thanks to the many things that make life so splendid. Turkey is served in mass quantities, alcohol is liberally consumed, and loved ones are reunited. For many people, these three ingredients turn into fond memories, for others, it can lead to being a cold turkey laying on the floor of St. Louis County lockup. To avoid the latter, here are the top three ways to avoid committing a crime this turkey season.

Find a safe and sober driver. If you have been drinking, which you probably have been, make sure you talk to your Great Aunt Mutzy in advance to make sure she will be your sober ride. Alternatively, you can put a local Duluth cab company on speed dial. Law enforcement in Duluth will likely be out in full force. The last position you want to be in talking to a DWI attorney on the phone while the cops are asking if you will take a breath test.

Plan ahead and shop for food BEFORE Thanksgiving. It never fails that on the day or eve of Thanksgiving, people are scrambling to make last second food plans. Your cousin Tony runs into the grocery store at 8:00 a.m. on the big day because somebody forgot to buy the frozen cranberries. As he approaches the cranberry section, he notices there is only one bag left. As he is reaching for it, he notices out of the corner of his eye another hand reaching for the same bag. He looks up, and make eyes contact with some other shmuck who is thinking the exact same thing. Chaos ensues, and soon law enforcement is hauling two people away for disorderly conduct.

Don’t eat too much turkey, or any food for that matter. Whether it’s the tryptophan in the turkey or simply eating too much food, you’re bound to get sleepy. For many, however, Thanksgiving does not conclude with a peaceful slumber, but instead a drive home that can last hours and in sometimes nasty weather conditions. These are the perfect ingredients for falling asleep behind the wheel and zipping off into a parked car, telephone pole, or worse. The next thing you know a cop is on the scene and lecturing you about careless or reckless driving.

Duluth, MN Criminal Defense Lawyer

In all seriousness, be safe this Thanksgiving season. In the event you have a run-in with law enforcement and are charged with a crime, don’t let it ruin your holiday season and contact a criminal defense lawyer to sort through your options. Poole Law Office PLLC is a law practice in Duluth, MN that represents clients in all areas of criminal defense, including DWI or DUI, Assault, and more. Attorney Andrew T. Poole has represented hundreds of clients and practices all over Northern Minnesota, including Duluth, Cloquet, Two Harbors, Grand Marais, Grand Rapids, Hibbing, and Virginia. To schedule a free consultation, please fill out of the contact form on the right side of the screen, or call 218-461-0247.

Uncontested Divorce

For obvious reasons, uncontested divorces/dissolutions are the most favorable for all parties involved, and the family law attorneys at Poole Law Office PLLC have helped people through uncontested divorces. When parties are able to set aside their emotions for the sake of resolving a divorce amicably and fairly, it typically means both parties are acting rationally. The positive effects of this cannot be overstated, and include less remorse and anxiety, happier children, streamlined proceedings, and lower litigation costs. However, divorcing couples frequently fail to appreciate how to accomplish their ultimate objectives. This can lead to needless strife and an overall less desirable outcome.

Our Divorce Lawyers in Duluth, MN can Help

Poole Law Office PLLC counsels each client contemplating or proceeding with a divorce on how to minimize the amount of conflict without conceding our clients’ rights and goals. Our creative solutions to problem solving have succeeded in providing lasting agreements between divorced spouses. Our firm provides a free initial consultation. Let our legal team analyze your case and suggest a legal course of action to pursue your objectives. Contact our divorce lawyers in Duluth, MN today for a free consultation.

Indian Child Welfare Act

The Indian Child Welfare Act (“ICWA”), 25 U.S.C. §§ 1901–1963, was enacted by Congress in 1978 to prevent the diffusion of Native American children away from their families and cultural heritage. Among other things, ICWA raises the standard for a non-Native American to obtain custody over an “Indian Child.”

Native Americans and Child Custody

If you have a child custody case in which ICWA applies, it is imperative you have an attorney familiar with ICWA as well as tribal laws and procedures. Poole Law Office PLLC has experience litigating ICWA cases, working with Minnesota Tribal Communities, and representing Native Americans in court. Our team will use its experience to your advantage and help ensure a custodial arrangement compliant with Federal, State, and Tribal laws. To speak with one of our experienced attorneys in Duluth, contact Poole Law Office PLLC today.