Thole Law Firm

Thole Law Firm Thole Law Firm 2026-05-12T16:40:38Z https://www.tholelaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1304114/2021/04/cropped-Favicon-32x32.png On Behalf of Thole Law Firm <![CDATA[How one night of bad choices can affect a college student’s future]]> https://www.tholelaw.com/?p=47220 2026-05-12T16:40:38Z 2026-05-12T16:40:38Z

The risks for college students College students could potentially become temporarily ineligible for financial aid due to a criminal conviction. They may also lose their enrollment at their current college if the offense violates the student code of conduct imposed by the institution. If they apply for medical school or other graduate school opportunities, a record could reduce their chances of securing enrollment and financial aid. Their conviction could also turn up during attempts to secure internships or when applying for competitive jobs. While Minnesota does have rules limiting when employers can check applicants' criminal records, those who make it past the initial application stage may find that a prior offense results in the company choosing a different candidate.

How should parents respond?

Learning that a college student has broken the law is likely to lead to disappointment. Parents may want their students to experience some of the consequences of their choices to help them learn from their mistakes. The stress and embarrassment of pending criminal charges can be enough of a lesson to help young adults overcome impulsivity and poor decision-making. Counseling to help them address issues that may have contributed to their decisions can also be beneficial. There are various legal solutions available for college students, arranging from plea deals to pretrial diversion programs, that can help prevent the worst consequences possible after an arrest while attending school. Parents can support their students by helping them understand the seriousness of the charges they face and assisting them as they seek out legal representation. Working with a criminal defense attorney can have a profoundly positive impact on families trying to limit the implications of college criminal charges accordingly.]]> On Behalf of Thole Law Firm <![CDATA[Common mistakes to avoid in your DUI case]]> https://www.tholelaw.com/?p=47195 2025-05-20T18:12:14Z 2025-04-15T19:13:00Z

Not taking your charges seriously: It might seem like your charges are less severe than others, but you still have to navigate them appropriately. After all, conviction could mean license suspension or revocation, fines and even jail or prison time. So, take your case seriously so that you build the aggressive criminal defense that you need.

Talking about the case with family and friends: Talking about your case with those closest to you might seem like a great way to ease the burden you’re carrying and find support, but it can be costly to your case. This is because the prosecution can subpoena those individuals to testify against you, and there’d be very little, if anything, you could do to prevent those people from testifying to what you told them. If you need to talk about your case, do so with your attorney so that your statements are protected by the attorney-client privilege.

Assuming the prosecution will win: Even if it seems like there’s a mountain of evidence against you, the police and prosecution make mistakes all the time that you might be able to use to your advantage. An illegal police stop, errant collection of evidence and witness bias can all taint the evidence that the prosecution intends to present against you. But it’s up to you to show these issues in court and try to block harmful evidence from being used against you.

Admitting guilt: You’re better off not talking to the police when you’re under investigation for criminal wrongdoing. But even if you do make a statement, avoid saying anything that can be construed as admitting wrongdoing. If possible, hold off on making any statements until you’re able to discuss the matter with your attorney.

A poorly developed DUI defense can land you in hot water where your future is in jeopardy. As frightening as that can be, take comfort knowing that you can instead educate yourself on the DUI defense process and build effective legal arguments that protect your interests as much as possible given the facts at hand. If that’s something you’d like to learn more about, then please continue reading our blog and discuss the unique facts of your case with your criminal defense attorney.]]> On Behalf of Thole Law Firm <![CDATA[Four tips for getting the most out of a plea bargain]]> https://www.tholelaw.com/?p=47163 2025-01-10T01:15:56Z 2025-01-10T01:15:56Z

pursuing a plea deal. Although making an agreement with prosecutors will lead to conviction, it could, depending on the facts of your case, be the best way to minimize the harm caused to your freedom and your future. But you can’t let the prosecution be the driving force in your plea deal determination. If you do, then you could miss key opportunities to protect your interests, and you might thereafter be subjected to much harsher outcomes than you want. With that in mind, let’s look at how you can get the most out of your plea deal.

Tips for getting the most out of your plea agreement

Negotiating a plea agreement is an art. You can’t just indicate that you want a plea deal and expect prosecutors to offer you the best deal possible. They might want a conviction with harsh penalties that serve as an example to others in the community. So, you need to know how to advocate to protect your interests. This includes doing the following:

Having a command of the evidence: Knowing the evidence in play can give you a lot of direction during plea deal discussions. You can use weaknesses in the prosecution’s case to push for a better deal, and if the evidence is truly stacked against you, then you can at least buy yourself some time to think through how to talk prosecutor’s down to lesser charges or lighter penalties.
Recognizing the prosecution’s motivations: Prosecutors have a motivation in every case. If they simply want a conviction, then you’ll be able to push for less harsh penalties. If they want to truly make an example out of you, then you’ll have to identify other negotiation tactics that get the prosecution and you what each of you want. By recognizing the prosecution’s motivation in your case, you’ll have a better idea of how to effectively approach your plea bargain negotiations.
Steeling yourself against aggressiveness: Even though you’re willing to come to the table and potentially admit criminal wrongdoing, the prosecution might still push you to agree to more than you’re comfortable with facing. Don’t give into their power plays and their aggressive assertions. Instead, anticipate their assertiveness and be prepared with counterarguments and counter positions.
Identifying your goal: Before reaching out to the prosecution with a proposed plea deal, you need to have a goal in mind that’ll serve as a driving force in your case. Make sure that your goal is realistic, though, so that you’re not setting yourself up for a disappointing outcome.

Develop a criminal defense strategy that positions you for a fair and favorable outcome

We know that dealing with criminal charges can be incredibly stressful. But you can get the matter over with quickly while still protecting your interests as fully as possible under the circumstances. If that’s something you’d like to learn more about doing, then please continue to browse our website and consider reading more about plea bargains. That way you’ll have a realistic idea of what you can and can’t get out of the process.]]> On Behalf of Thole Law Firm <![CDATA[Four signs that the prosecution has a weak DUI case]]> https://www.tholelaw.com/?p=47162 2024-10-23T04:42:53Z 2024-10-23T04:42:53Z

Signs that prosecutors have a weak DUI case There are several indications that a DUI case is vulnerable to attack from a well-versed criminal defense. Here are some of them:

There was no legal justification for a traffic stop: Before the police can pull you over, they have to have reasonable suspicion that you’ve committed a crime or traffic violation. In other words, they can’t stop you on a whim or a hunch. If the prosecution is struggling to articulate why you were stopped, then you have a good chance of suppressing harmful evidence and beating the prosecution’s case.
They’re pressuring you to plea bargain: Sure, a lot of prosecutors would prefer to resolve cases prior to trial so that they can clear them from their caseload, but if the prosecutor in your case seems to be pressuring you an excessive amount, it could be because their case is weak and they’re afraid that they won’t prevail if they take it to trial.
Field sobriety tests were problematic: Field sobriety tests should be administered according to standard operating procedures. However, the police stray from these guidelines all the time. If they did so in your case, then the prosecution’s case might be on shaky legs.
Numerous evidentiary issues are present: When prosecutors submit evidence to the court, they have to be persuasive in demonstrating that the evidence is what they claim it to be and that it’s reliable. But if witnesses are untrustworthy, breathalyzer equipment is improperly calibrated or evidence was collected in violation of your rights, then there’s a good possibility that you can blow holes in the prosecution’s arguments and sink their case. The more evidentiary issues they have, the better it is for you.

There may be other signs of weakness in your case. You just have to be aware and look for issues that you can exploit to your advantage. If you do so, then you might be able to turn the pressure around on the prosecution, perhaps even convincing them to drop the charges against you. If they won’t do that, you may at least stand a better chance of obtaining an acquittal at trial.

Aggressively fight to protect your interests in a DUI case

A DUI conviction can cause a lot of upheaval in your life. It can rob you of your freedom, damage your reputation and your career, strip you of your driving privileges and cost you a lot of money. With so much on the line, you owe it to yourself to build as persuasive of a DUI defense as you can. And don’t worry if you don’t know where to get started in that process. Help is available if you need it. ]]> On Behalf of Thole Law Firm <![CDATA[When can the police search my car for drugs?]]> https://www.tholelaw.com/?p=47151 2024-07-03T18:27:05Z 2024-07-17T18:16:39Z

evidence of a crime, such as drugs.

Search warrants and probable cause

Generally, to perform a legal search, police officers in Minnesota must have a search warrant. Search warrants are based on probable cause. This means that the police officers have a reasonable belief that evidence of a crime will be found in the vehicle. Therefore, A search of a vehicle without a warrant is presumed to be unconstitutional. However, there are certain situations that allow police to search your vehicle without a warrant. Some of these exceptions to the warrant requirement include:

Inventory search
Motor vehicle exception
Plain view
Search incident to arrest

Inventory and motor vehicle exceptions

Police officers can typically search your car for evidence if they are going to tow your vehicle after a traffic stop. However, an inventory search is part of a policy that most police departments have for impounded vehicles. This means the police officers can only conduct this type of search for inventory. They cannot search your vehicle for the purpose of finding evidence of a crime. Police officers can develop probable cause to search a vehicle by having reason to believe evidence of a crime will be found in the vehicle. This exception applies specifically to motor vehicles. The idea is that since they are mobile in nature, the evidence could quickly be lost or destroyed and the officer must search in that moment or risk losing the evidence.

Plain view exception and search incident to arrest

The plain view exception to the warrant requirement means that police officers can seize evidence of a crime if it is in plan view when they conduct the traffic stop. For example, if a police officer sees drugs in your passenger seat as they approach your vehicle during a routine traffic stop, they can legally search your vehicle for additional evidence of a crime without a search warrant. The plain view exception requires that the item the officer sees in plain view be evidence of a crime. A police officer cannot grab a bottle of clear liquid and test it to see if it is alcohol. They must see a bottle of beer or other type of alcohol and know immediately what it is to conduct a further search. If you are arrested during the traffic stop, the police officers may search your vehicle. They must have a reasonable belief that evidence of the crime for which you were arrested might be in the vehicle.

The consent exception

Consent is another exception to the warrant requirement. If you give police officers permission to search your vehicle, they can, even if they otherwise would not have had another legally justified reason to search. The police officer must still have a reason to suspect criminal activity before asking if they can search your vehicle. They generally cannot pull you over for a minor reason, such as having a headlight out, and ask to search your vehicle without any additional reason.]]> On Behalf of Thole Law Firm <![CDATA[Tips for dealing with the stress of a drunk driving case]]> https://www.tholelaw.com/?p=47150 2024-04-10T14:24:41Z 2024-04-09T14:22:38Z

get a handle on your stress and protect your emotional and psychological well-being. That’s why in this post we want to give you some tips for how to take care of yourself while you’re facing DUI or DWI charges.

Steps you can take to cope with the stress of a DUI or DWI arrest

There’s a natural tendency to self-isolate after being accused of criminal wrongdoing. Accused individuals are often ashamed, and they don’t want to be put in a position where they have to explain themselves to others. But isolating and wallowing in despair aren’t healthy behaviors. Fortunately, you don’t have to fall into a hole of depression while your case plays out. Instead, you can do each of the following to take care of your mental health and ease your stress:

Go easy on yourself: This might sound counterintuitive, but beating yourself up isn’t going to do anything except make you feel worse about yourself and your situation. It might be hard to do but try to put things in perspective by recognizing that even though getting through your DUI or DWI case is going to be tough, you will come out on the other side and have the opportunity to rebuild your life.
Find support: Instead of isolating yourself from others, you should find support while you deal with the challenges of your drunk driving case. Family and friends may be there to support you, but you can also turn to a mental health professional for help or find a support group in your community. You may find that these support systems help alleviate the emotional burden that you’ve been shouldering on your own.
Take care of yourself: You’ll put yourself in a better state of mind by getting plenty of rest, eating healthily, exercising, and abstaining from drug and alcohol abuse. See if you can develop a routine that keeps your mood stabilized and your mind focused on the future.
Be mindful: Ultimately, our life experiences teach us better ways to live. Try to be cognizant of what you learn from your drunk driving case so that you can focus on improving your quality of life moving forward.
Stay informed and educated: A lot of your fear in your drunk driving case will stem from uncertainty. But you can take at least some of the guesswork out of your case by educating yourself on the law and staying informed on any developments in your case. By being active in your criminal defense, you can achieve a sense of control over the outcome, which should help put your mind at ease.

Develop the criminal defense strategy that’s right for you

There are several ways to approach your drunk driving case. You have to find the one that’s most targeted on the realistic outcome that you want and can achieve. Don’t worry if you don’t know where to start in building your case. You can talk to your attorney about the best way to craft your legal strategy, which should leave you feeling confident that your criminal defense is in good hands.]]> On Behalf of Thole Law Firm <![CDATA[Understanding the severity of embezzlement charges]]> https://www.tholelaw.com/?p=47143 2024-01-17T11:37:50Z 2024-01-17T11:37:50Z

What is embezzlement? Embezzlement occurs if a person was entrusted with property, receives it legally and appropriates it for purposes other than what it was intended to be used for. For example, if a person works in a store and a customer buys something and, instead of recording the purchase and putting the money in the cash register, the worker puts the money in their pocket. This is considered embezzlement. There are myriad other ways in which embezzlement can occur. A person working in a church or other religious entity and taking money that was donated by members of the congregation could be embezzlement. A recent case in Minnesota led to a woman being charged with embezzlement after she allegedly took over $3.7 million from her job and another $17,000 from a vulnerable adult. This took place in 2019. She was overseeing the finances at her workplace when she was said to have become involved with a man she met online. He asserted he needed money he was owed. It came to around $7 million. According to her, he said he would reimburse her. She was arrested for transferring him the money.

Cases involving financial fraud require a strong defense

In many instances, the accusation of embezzlement could have come about due to a misunderstanding. The person who is facing charges might have had personal issues with extenuating circumstances that could be considered by the court. Or the incident may have been a one-time mistake from an otherwise law-abiding person. With these cases and the possibility of long-term penalties, it is wise to explore all options. Perhaps a plea bargain could be available or the charges can be dropped by simply reimbursing the person who suffered loss. The person charged could even be completely innocent. Regardless of the situation and the amount that was allegedly embezzled, understanding white collar crimes and how to lodge a defense is key. ]]> On Behalf of Thole Law Firm <![CDATA[DUI penalties go beyond jail and fines]]> https://www.tholelaw.com/?p=47137 2023-11-02T18:13:34Z 2023-10-16T18:11:52Z

other consequences for a conviction. It is imperative to know what they are when determining the preferable strategy as part of the legal defense.

Know what other problems can arise from a DUI

When a driver has failed a test to determine if they were under the influence or outright refused to submit to it as they are legally obligated to do, there are administrative penalties that will be assessed. This is in addition to the possibility of jail and fines for a conviction. The driver’s license can be revoked. They will have a temporary license for seven days immediately upon revocation. The length of the revocation hinges on how many times the driver has been convicted of driving under the influence of alcohol or drugs. The time for which the suspension is in effect could be reduced if the driver agrees to have an ignition interlock device placed on their vehicle. This device requires the driver to blow into the machine before the vehicle will start. It also requires them to intermittently blow into it to make sure they have not consumed any alcohol in the interim. The license plate could be impounded if there are aggravating factors in the case. That includes certain impaired driving violations in the previous decade; a BAC of at least 0.16; a child under 16 being in the vehicle at the time if the driver was a minimum of three years their senior; or driving while their license was revoked. This might impact others in the person’s family as the vehicle that they might co-own is subject to the license plate impoundment. The vehicle itself could be forfeited. This can happen if it is a first-degree DWI or a third DWI violation within 10 years.

It is important to fight these allegations

Avoiding the worst possible ramifications for a DUI, DWI or OWI is imperative and goes beyond limiting fines and staying out of jail. There are avenues of defense that can be explored and are effective. For example, the police need to have a justifiable reason – probable cause – to make the traffic stop in the first place. If the driver is alleged to have been weaving in and out of traffic, crossed a double line or violated another traffic law, that might be enough. Still, this can be scrutinized. During the investigation, the officer will generally ask the driver to take part in field sobriety tests. These are not foolproof and the officer is required to adhere to specific requirements. If that was not followed, the evidence could be questionable. The breathalyzer test is supposed to measure the driver’s blood alcohol concentration. It must be properly calibrated and the officer certified to give the test for it to be valid. This could be explored when deciding how to proceed. From the start, the driver should be fully up to date on what they might be confronted with for a conviction and do whatever possible to combat the charges and reach a positive outcome.]]> On Behalf of Thole Law Firm <![CDATA[Why you need to know about exceptions to the warrant requirement]]> https://www.tholelaw.com/?p=47060 2023-07-10T18:05:24Z 2023-07-17T17:23:16Z

under investigation for drug crimes make mistakes that jeopardize their future. One of the biggest is that they consent to a search of their car or their home. You don’t have to give consent, and doing so is rarely in your best interest. The police are supposed to have probable cause before they can obtain a warrant, which is a relatively high burden to clear. That said, there are many exceptions to the warrant requirement that the police will try to utilize to avoid having to take time to secure a formal warrant from the court.

Exceptions to the warrant requirement

Although the exceptions to the warrant requirement are aimed at giving law enforcement officers flexibility in ever-changing circumstances, their misapplication can lead to a violation of your rights. That’s why you should be aware of the exception that the police rely upon in your drug case to see if you can challenge its use and thereby suppress damaging evidence. Here are some of the exceptions that you should be on the lookout for:

Vehicle searches: There are certain situations where the police might be able to search your car without having a warrant. For example, the police can search your vehicle if they have probable cause to believe that the vehicle contains contraband or other evidence of criminal wrongdoing. So, the law enforcement officer should be able to articulate why they believe the car in question contains evidence of illegal activity. The police might also be able to search your vehicle if your car is impounded. They guise this search as being conducted for purposes of inventorying the items within the vehicle.
Plain view doctrine: Officers are allowed to seize items indicative of illegal activity so long as those items are in plain sight and the officer is in a place where they are allowed to be. Therefore, an officer might be able to enter your car to seize illegal drugs if they’re just sitting on the seat and the officer spots them while outside the vehicle.
Search incident to arrest: If you’re placed under arrest for criminal wrongdoing, then law enforcement officers can search you and the areas near you to ensure safety and preserve evidence. However, for this exception to be properly utilized, your arrest must be conducted lawfully.
Exigent circumstances: If there’s an emergency, then law enforcement officers are allowed to enter a home or a vehicle to ensure public safety or to preserve evidence that is in immediate jeopardy of being destroyed. What rises to the level of exigent circumstances can thus be subjected to a lot of interpretation.

Can you fight to suppress evidence in your case?

If the police misuse a warrant exception, then your rights have been violated. As a result, you might be able to suppress the evidence that was collected and that prosecutors plan to use against you. This can make a huge difference in your case. Therefore, even if the evidence seems insurmountable in your drug case, you should thoroughly analyze the facts of your situation to see what defense arguments you can make. Perhaps then you can beat the charges levied against you and protect your future to the fullest extent. Even if you can’t, you might have arguments that are strong enough to convince the prosecution to give you a favorable plea deal.]]> On Behalf of Thole Law Firm <![CDATA[What happens if you refuse a DWI breath test?]]> https://www.tholelaw.com/?p=47019 2023-03-31T18:59:18Z 2023-04-11T17:24:01Z

Implied consent Minnesota law presumes that all drivers have consented in advance to a BAC test when they have been pulled over on suspicion of DWI. This concept is commonly known as "implied consent." Refusing a test is considered a crime in itself. You may not face any mail time over it, but you could face suspension of your driver's license. (Note that if you are violent with the police when you refuse, you may be charged with obstructing legal process, which is a more serious offense.)

Administrative license revocation

If you refuse a BAC test, the police may obtain a search warrant to obtain a blood or urine sample from you. If you refuse to cooperate, your license can be revoked immediately. Generally, the police will give you a temporary license that is good for one week. After that, your license is withdrawn. The duration of the revocation depends on your record and the circumstances of your arrest. If you haven't had any convictions or charges involving impaired driving within the previous 10 years, your license may be revoked for 90 days. The revocation can last longer if there were aggravating factors -- for instance, if you were suspected of DWI while you had children in your car. Depending on the circumstances, the authorities may even take away your vehicle's license plate or even impound your car.

Other evidence

It's important to remember that, while the BAC test results can be very strong evidence, they aren't the only evidence the prosecution can use. When police pull you over on suspicion of DWI, they may ask you to perform a series of tests designed to measure your coordination and reaction times. For instance, they may ask you to walk in a straight line. The police will take notes if they smelled alcohol on your breath, heard you slurring your words or saw you struggling to perform the sobriety tests. These notes can be used as evidence against you in court.

Defending against DWI charges

Still, in many cases, BAC test results are the strongest evidence the prosecution has. If you can show that the BAC results are not trustworthy, you can knock the wind out of the sails of the prosecution's case. That's why one defense strategy in your case could be to argue that the breath test results were not reliable because the breath test device was defective, or the officer was not using it properly. The exact strategies you and your defense attorney will use depend upon the unique circumstances of your case. ]]>