Study Finds Divorce On The Rise, Even Among Baby Boomers

June 8, 2014

A new report published by the University of Minnesota finds that the divorce rate is on the rise, particularly among older Americans. According to Steven Ruggles, director of the Minnesota Population Center at the University of Minnesota and co-author of the report, roughly half of all marriages end in divorce. Also, the baby boomer generation appears to be getting divorced at a faster rate. The published report can be found here.

Why do people wait to get divorced?

One main reason people wait to get divorced is because they want to make sure they are financially secure before on a new life of their own. Additionally, many people find that it is cheaper and less disruptive to part ways after the children graduate high school and leave the home. By not having to deal with child custody and child support issues, the amount of potential conflict in a divorce can substantially decrease.

Getting Divorced in Duluth, MN

If you or your spouse are contemplating a divorce in Duluth, MN, or the surrounding area, contact the divorce lawyers at Poole Law Office PLLC. We offer a complimentary consultation and will work hard to achieve the best outcome. Call our office now at 218-461-0247.

DWI Suspect Arrested With Jell-O Shots Allegedly In Her Pocket

June 4, 2014

A Minnesota woman is charged with DWI after police allegedly pulled her over for swerving and found Jell-O shots in her pockets. According to law enforcement, her blood-alcohol concentration was 0.136, and she has been arrested for drunk driving approximately five times in the past. The complete story can be found here.

Duluth DWI Lawyers

If you have been charged with drunk driving, the consequences can be serve. The woman in this story, for example, is being charged with a felony, which carries the potential of a prison sentence. If you find yourself in this unfortunate predicament, contact an experienced DWI lawyer to sort through your options and defenses. Poole Law Office PLLC handles all areas of criminal defense in Duluth, MN, and the surrounding area. For a complimentary consultation, contact us now.

Orders for Protection

Going through a divorce or breaking up with a significant other can be very stressful. This pressure can oftentimes cause one of the parties to act out aggressively or violently. Sometimes, one of the parties already has a natural tendency to be abusive. If you are experiencing this unfortunate situation, contact Olson, Poole & Envall, P.A. to schedule a sit down consultation to discuss your options.

Duluth, MN Order for Protection Lawyer

The judges in Duluth, MN routinely sign ex parte Orders for Protection. Typically, it is just a matter of properly getting your Petition for the Order for Protection properly filed at the courthouse in Duluth. If you are granted an ex parte Order for Protection, the opposing side can request a hearing and force you to come to Court. If the opposing party has requested a hearing on your Order for Protection, or if you want the assistance of a lawyer that has handled Order for Protection matters when drafting your petition and affidavit, contact us for a complimentary consultation. Alternatively, if you have been served and Order for Protection in Duluth and would like an experienced defense lawyer help you defend against the allegations, contact Olson, Poole & Envall, P.A. today.

Child Custody

Duluth, MN Child Custody Lawyer

Child custody is one of the most sensitive areas of law given that children’s lives are affected in each case, sometimes profoundly. The courts are ultimately concerned with the best interests of the children involved in a child custody proceeding. But there are other parties that may have an interest as well, including the child’s parents, siblings, relatives, or even the state. A party seeking custody of a child needs to know what an interested party’s rights are respecting the child. This is never a black and white issue.

Legal and Physical Custody

There are two types of child custody: legal and physical.

  • Legal Custody: Generally relates to who makes important decisions that affect the child’s life. Examples of important decisions are where the child goes to school, whether the child goes to church, whether the child can join the military before eighteen, etc.
  • Physical Custody: Generally relates to the actual care of the child.

Contact a Child Custody and Family Law Attorney

A child’s custodian may have a variety of custodial rights over a child. If you are uncertain about your rights, you should contact Olson, Poole & Envall, P.A. We provide a free initial consultation to determine what your objectives are, explain the child custody legal process, and provide a preliminary analysis of your case.

(The content on this page is for informational purposes only, shall not be used as legal advice, and is absolutely no substitute for contacting an attorney for help)

State v. Brooks: Afterthoughts

November 5, 2013

This past weekend I attended a DWI legal conference and as expected, everybody was asking the same questions regarding State v. Brooks, and its impact on DWI law in the State of Minnesota. After having some time to absorb this legal decision and discuss it with colleagues, here are some thoughts.

First, the Minnesota Supreme Court seemingly acknowledges that taking somebody’s blood or urine for purposes of determining whether somebody is under the influence is a “search” that is subject to the warrant requirement imposed by the Constitution. Many, including myself, will interpret this to mean that like blood and urine searches, a person’s breath is subject to the same constitutional requirement. Because the warrant requirement applies, the State must either have a warrant or a legal exception before completing the search.

In determining whether the State has a legal exception to the warrant requirement, the court must look at the “totality of the circumstances” in each individual case. This also applies to the “consent” exception. In Brooks’ case, the Minnesota Supreme Court concluded that under the totality of the circumstances, Brooks consented to the blood and urines searches. Despite being told that his non-compliance with the test would lead to additional criminal charges, the Court nonetheless found his consent valid and paid particular attention to the fact the fact he had contacted an attorney prior to completing each test. In addition, the Court found it important that Brooks expressed to law enforcement what test he was willing to take. He also had a substantial amount of experience with the judicial system. In all, this is an interesting result, to say the least. Despite these factors, Brooks was instructed that if he did not take the test, he would be charged with a crime!

Nonetheless, and moving forward, simply because you “agree” to take a blood, urine, or breath test at the police station, does not necessarily mean that you “consented” to the test. The Court instructs that we have to look at: (1) the nature of the encounter; (2) the kind of person the defendant is; and (3) what and how things were said. In evaluating these factors in Brooks’ case, the Court found he consented. Somebody else’s case might be different.

With respect to the constitutionality of the implied consent statute, the Court finds that the statute is constitutional in Brooks’ case, and stressed the fact that his “consent” was found based on a totality of the circumstances voluntariness of consent, and not the “implied consent” found in Minnesota Statute. There are currently some cases pending at the Minnesota Court of Appeals that may add clarity to this issue. At this point, however, it would seem the criminal refusal statute in Minnesota is in jeopardy.

This article is not intended to be legal advice or create an attorney client relationship. If you charged with driving while impaired (DWI), contact a defense lawyer immediately. Poole Law Office PLLC is a law firm in Duluth, MN that practices in all areas of criminal defense, including drunk driving or DWI. For a free consultation, contact us now by calling 218-461-0247, or complete the contact form located on the right side of the page.