9
Jul

Diversion Programs in Minnesota

Counties across the State offer diversion programs as alternative options to the criminal court system. In lieu of proceeding through the many hearings leading up to trial, an individual may apply for acceptance in the counties diversion program –…
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7
Jul

Minnesota Expungements – Getting Your Second Chance

The beginning of 2015 saw an important and needed change to the expungement law, benefiting those that need second chances from their criminal past. The new law makes more Minnesotans eligible for an expungement and they will finally get a meaningful…
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2
Jul

Consequences for Driving After Revocation, Cancellation, or Suspension

Driving after revocation, cancellation, or suspension are misdemeanor offenses, subjecting a person to a maximum of 90 days in jail and up to a $1,000.00 fine. The elements the State must prove for each of these offenses is the same: The driver had a…
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1
Jul

How to Get Back Seized Property

As you probably know, police may seize property – with or without a warrant – if it believes the property has some potential evidentiary value. As expected, this leads to an abuse of the system. Police often seize property for no reason o…
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23
Jun

James Gempeler Is Named an Up & Coming Attorney

It comes with great pride in announcing that James Gempeler of North Star Criminal Defense was just named an Up & Coming Attorney for 2015. This is an extremely prestigious recognition, awarded to only 27 attorneys from across this State. The Up…
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18
Jun

Arguing Against Conditions of Release

If you are in custody, the Court may impose conditions of your release, even if you are released on your own recognizance – i.e. without bail. The conditions of release are supposed to be imposed for the purposes of ensuring your appearance at futu…
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15
Jun

DWI Law Change - .16 or More Is Now a Gross Misdemeanor and Worse

Effective August 1, 2015, the alcohol concentration level used to enhance the criminal penalties for a DWI will be lowered by .04 – a dramatic reduction in DWI law. A high alcohol concentration reading can be considered an aggravating factor used t…
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4
Jun

You Can Drink With the Offender and Still Be an Innocent Owner

The mere fact that you were drinking with the alleged offender and a passenger in the vehicle does not necessarily mean that you are not an innocent owner for purposes of getting your vehicle back. If your vehicle was seized after it was used by anot…
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4
Jun

Avoiding Mandated Domestic Abuse Counseling

If you are charged with a domestic abuse offense – i.e. domestic assault or terroristic threats against a family or household member – you may be required to complete domestic abuse counseling or education program. Minn. Stat. Sec. 518B.02, subd.…
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1
Jun

Electronic Home Monitoring in Minnesota

One of the most common conditions of a sentence in a DWI case is being ordered on electronic home monitoring (EHM) in lieu of serving time in jail. The benefit is obvious: the defendant does not have to serve time in jail. But, there are steep and hi…
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