31
Aug

State Can Dismiss and Re-file in Bad Faith - Supreme Court Decision

Case Law Updates
Last summer, the Court of Appeals decided that it is bad faith for a prosecutor to dismiss a case, with the express intent to re-file criminal charges against the same defendant, after a Court had denied a continuance request. The Court of Appeals pr…
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24
Aug

Texting and Driving Ticket - Minnesota

Traffic Violation
In Minnesota, a texting and driving ticket is a petty misdemeanor offense, which means the total fine is less than $300 and it includes no jail. Still, the collateral consequences – such as increased insurance premiums – can have a lastin…
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16
Aug

Threats of Violence - Transitory Anger Defense

Felonies
Threats of violence (what used to be called ‘terroristic threats’) is a catch-all, if you will, for serious threats and threatening behavior. For example, threats at a persons life falls within this charge. But, the mere mention of a thre…
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1
Aug

Drug Crime Sentencing - New Laws Effective Today

Drug Crimes, Felonies
Effective today – Aug. 1 – Minnesota’s drug laws received a much needed update for drug crime sentencing. An antiquated system more in tune with the failed “War on Drugs” from previous decades is finally abolished in fav…
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11
Jul

Riot and Unlawful Assembly

Criminal Charges
Now, more than ever, protests are becoming commonplace and necessary. As expected, law enforcement agencies are fighting back with the resources they have, including bringing charges against protesters. A couple of the more common charges protesters…
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7
Jul

SCOTUS Ruling - Gun Rights Are Lost Following Domestic Assault Convictions

Case Law Updates, Domestic Assault, Gun Rights
The Supreme Court of the United States recently ruled in Voisine v. United States that a reckless domestic assault is considered a misdemeanor crime of domestic violence. This is significant because the 1996 Lautenberg Amendment bans firearm possessi…
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28
Jun

Indecent Exposure in Minnesota

Criminal Charges, Gross Misdemeanors / Misdemeanors
Indecent Exposure is a serious crime, but the law on Indecent Exposure in Minnesota is vague and possibly overbroad. Similar acts may be considered both legal and illegal, depending on the circumstances. This is why it is critical to get an Indecent…
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24
Jun

RIP 4th Amendment - Part 1 - Utah v. Strieff Decision

Arrest, Case Law Updates, Constitutional Rights, Evidence
In an era where the 2nd Amendment is untouchable, the 4th Amendment is nearing extinction due to two rulings this week by the U.S. Supreme Court. Before getting into the first decision – Utah v. Strieff – let’s remind ourselves of w…
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6
Jun

Theft of Motor Vehicle - Court of Appeals Decision

Case Law Updates, Theft
A person commits a theft of motor vehicle whenever that person “takes or drives a motor vehicle without the consent of the owner or an authorized agent of the owner, knowing or having reason to know that the owner or an authorized agent of the…
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31
May

Expungement Appeal - Stay of Imposition Update

Expungement
The Minnesota Supreme Court granted review today of State v. S.A.M. – an expungement appeal. If you’re following our blog, you know that the biggest ambiguity in expungement law is how courts handle a stay of imposition outcome – is…
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