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29
Dec
The Court of Appeals issued a published opinion (compared to the many unpublished ones on the expungement law) that clarified the application of the “resolved in favor” language to continuance for dismissals. In doing so, the Court overru…
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17
Dec
Burglary Sentencing
Burglary involves the breaking and entering into a building in order to commit a crime or when a person actually commits a crime. When the building is a dwelling – i.e. a place suitable for living – sentencing for the burglary offense get…
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15
Nov
Fourth Degree Assault - Level of Harm
A fourth degree assault is charged when a person allegedly assaults a certain class of individuals – usually a police officer or paramedic, for example. Most assume that this is an automatic felony; and frankly, this is how it is charged out mo…
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12
Nov
When is a Miranda Warning Required?
The Fifth Amendment provides that no person shall be compelled to be a witness against themselves in a criminal case. In lay mans terms, the Fifth Amendment is the right against self-incrimination. Per a 1966 United States Supreme Court decision, a M…
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21
Sep
Fine Increase for Passing a School Bus Ticket
In August of this year, an overlooked law change occurred that will meaningfully impact Minnesotans. Most traffic citations include a fine in the $100-300 range. Real money, but it’s at least reasonable. In August, this change for those charged…
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15
Sep
Changes to Minnesota DWI Law
In the 2017 Minnesota legislative session, changes were made to MN DWI Laws. These new laws went into affect at the beginning of July. None of these changes are ground-shaking, but it’s nonetheless important to understand them and how they̵…
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6
Sep
Drug Detection Dog Search in a Secured Apartment Building - Get a Warrant!
This week, the Minnesota Court of Appeals issued an important decision, pulling back the expanding usage of drug detection dogs for searches of controlled substances. In State v. Edstrom, the Court of Appeals held that law enforcement must get a warr…
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28
Jul
Underage DWI Expungement - Court of Appeals Decision
As we’ve discussed on our website and previous blog posts, DWI expungements are difficult to attain. The same could be said for an underage DWI expungement, a conviction that should be treated completely different. In a recent decision, State v…
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13
Jul
Evidence at Restitution Hearings
A common part of sentencing is restitution – which is supposed to repay any victim the out of pocket losses they sustained as a result of the crime. As you can probably imagine, restitution requests can lead to a lot of issues, particularly whe…
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10
Jul
Mr. Gempeler is Named a 2017 Rising Star
Mr. Gempeler was named a 2017 Rising Star. This is the third consecutive year – which coincides with his tenure at North Star – being named a Rising Star by his peers and colleagues alike. It’s a recognition awarded to only 2.5% of…
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