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26
May
A DWI in Minnesota brings many collateral consequences, such as a lengthy loss of license, potential vehicle forfeiture, and plate impoundment. If your vehicle is subject to a plate impoundment, that means you will be driving with ‘whiskey plat…
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1
Apr
Veterans Criminal Defense - Sentencing Issue
Veterans are treated like any other defendant in the criminal justice system. Still, the fact a person is currently or did serve in the armed forces matters greatly for plea negotiations. Often, this reality can lead to a more favorable outcome. And,…
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25
Mar
Legislature Seeking to Require Ignition Interlock for All DWI Offenders
Currently, the ignition interlock device is required for repeat offenders or a first-time offender when the alcohol concentration was twice the legal limit. The device is installed in the vehicle, which prevents it from being operated unless and unti…
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23
Mar
Stay of Imposition Expungement Update - Court of Appeals Decision
As has been discussed in this blog previously, the biggest ambiguity in the expungement law is how courts should interpret a stay of imposition expungement petition – specifically, is the conviction a felony as originally adjudicated or a misde…
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15
Mar
Self-Defense - Duty to Retreat Exists if Person is on Front Lawn
Self-defense in Minnesota is an affirmative defense against assault-based charges. Much of the analysis is tied to the reasonableness of the actions taken by the defendant and whether the defendant could have avoided the situation. But, if the defend…
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9
Mar
Challenging Restitution in Minnesota - Timing is Critical
As part of any sentence or plea negotiation, a defendant may be ordered to pay restitution to the victim of the crime. A Court is supposed to analyze the bases for the restitution request against the resources available to the defendant. But, far too…
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7
Mar
The Importance of Properly Serving the DHS in an Expungement
The Minnesota Department of Human (“DHS”) is notorious for fighting expungements at all costs. Regardless of whether the record involves a conviction or not, the DHS is going to fight. That’s because the due process of criminal law…
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1
Mar
Expunging Records Within the Statute of Limitations Period - Be Careful
The existence of a criminal record – even when the matter was ultimately dismissed – is still damaging. The mere fact that you were charged with a crime raises red flags for human resource managers and potential landlords. That is why see…
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27
Feb
City of Minneapolis Marijuana Laws Will Now Match State Laws
The City of Minneapolis – never one to hold back in pursuing criminal “justice” – is correcting a ridiculous inconsistency between its own laws and those of this State. The City Council voted unanimously on Friday to reduce po…
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15
Feb
Interfering With 911 Emergency Calls
It is a gross misdemeanor offense for a person to be interfering with 911 emergency calls. Prosecutors treat this offense very seriously, as it is often the byproduct of an in-progress domestic assault. And, like domestic assaults, the consequences f…
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