20
Apr

Stay of Imposition is considered a Felony - Supreme Court Decision (UPDATE)

The biggest uncertainty following the release of the new expungement in 2015 was – how would courts treat stays of imposition, in which a felony conviction is later deemed a misdemeanor upon successful completion of probation? Is it a misdemean…
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18
Apr

Legality of a DWI Stop - More than Curiosity is Required

Often the best defense starts with whether the DWI stop of the vehicle was legal. The Fourth Amendment guarantees that we are free from unreasonable searches and seizures. This demands that the police first have a legal basis to even stop the vehicle…
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4
Apr

Fleeing Police - A Felony Offense

Fleeing police in a motor vehicle is a very serious offense in Minnesota and depending on the circumstances can lead to a maximum prison sentence of 40 years. The Minnesota statute specifies that fleeing means increasing speed, extinguish motor vehic…
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28
Mar

Is Your Criminal Record Holding You Back? - How an Expungement Will Improve Your Life

Thousands of Minnesotans are facing challenges to their everyday life because their criminal record from past mistakes is haunting their every move. A prior conviction or even charge can prevent you from reintegrating into society, but an expungement…
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25
Mar

Recent Wins - March 2017

North Star Criminal Defense has had a fantastic month of March. It’s always nice to share our recent victories as it gives us an opportunity to show how our team’s hard work and diligent representation gets results for our clients. State…
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7
Mar

Private Security and Fourth Amendment Implications

Many establishments and retail stores hire private security. Often the private security personnel are the ones that witness an alleged crime and call the cops to the scene. Sometimes, the private security will go so far as detaining the person until…
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1
Mar

Expungement of Drug Charges in Minnesota

One of the grounds for a statutory expungement is for certain drug charges. Pursuant to Minn. Stat. 609A.02, subd. 1, a person may seek an expungement of a drug charges in which the person received a statutory stay of adjudication for 4th or 5th degr…
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20
Feb

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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10
Feb

Entrapment Defense

The entrapment defense is an affirmative defense that may defeat charges against a defendant. It can apply to many kinds of charges, including drug crimes and solicitation of a prostitute. An entrapment defense exists when law enforcement lures a def…
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8
Feb

DWI Expungements Could Become Even More Difficult to Obtain

Even with all gross misdemeanor and misdemeanor convictions being eligible for a statutory expungement, people are still surprised to learn that they can, in fact, expunge their DWI conviction. But, this may no longer be reality if the Minnesota DWI…
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