18
Apr

Minnesota Tax Crimes - Will the Court of Appeals Follow the Law?

Uncategorized
The most common Minnesota Tax Crimes that we see are failing to file and failing to pay taxes, pursuant to Minn. Stat. 289A.63, subd. 1. The statute dictates that the severity level of the crime is either a gross misdemeanor or felony. The difference…
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29
Jan

Minnesota's Clean Slate Law - Of Course There's a Delay

Criminal Charges
In 2023, Minnesota became the twelfth state to enact “Clean Slate” legislation, which was supposed to offer automatic criminal expungements to over 500,000 Minnesotan residents. Many Minnesotans who were looking forward to, and depending on, the…
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15
Jan

Does a Drug Dog Sniff Inside a Vehicle Require Probable Cause?

Case Law Updates, Constitutional Rights
Traffic stops. We have all been there. You notice the flashing lights in your rearview mirror, pull over, and prepare for the usual questions. But what if the officer doesn’t ask you any questions and instead orders you out of your vehicle and call…
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1
Nov

When Can Police Use a Drug Dog Sniff to Search Your Vehicle?

Case Law Updates, Constitutional Rights, Drug Crimes
What starts as a routine traffic stop, can quickly turn into a high stakes encounter when police suspect drugs are involved. The key though is how and why the police ‘suspect’ the presence of drugs. And, trust us, we have seen “crea…
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3
Sep

Criminal Harassment - Further Defined

Criminal Charges, Domestic Assault, Gross Misdemeanors / Misdemeanors
Typically, when someone feels harassed, they are advised by law enforcement to get a harassment restraining order, which purportedly offers the protection sought from the harassing behavior. But, in more serious circumstances, the behavior may lead t…
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16
Aug

A Buccal Swab Search May Require A Search Warrant

Case Law Updates, Constitutional Rights
Under both the United States and Minnesota Constitutions, we have the right to be secure in our “persons, houses, papers, and effects from unreasonable searches and seizures.” But what does it mean to be “secure,” and where exactly is the lin…
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21
Jun

The Expanding Definition of Curtilage Under Minnesota 4th Amendment Protections

Case Law Updates, Constitutional Rights
The home has long been regarded as one’s most private and protected domain. The Fourth Amendment protects a person’s residence the most and goes to great lengths to ensure this protection is real and meaningful. That is why it extends to not…
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16
May

A Disorderly Conduct Charge from Words and Actions Does Not Violate First Amendment Rights

Case Law Updates, Criminal Charges, Gross Misdemeanors / Misdemeanors
We have all encountered someone who cannot control themselves when something rubs them the wrong way. Instead of keeping their cool, they take it upon themselves to cause a scene. In Minnesota, taking that scene too far can land you with a disorderly…
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6
Apr

What is a Geofence Warrant and Why is it Important?

Constitutional Rights, Felonies
Where technology has evolved, individuals are not just traveling with everything at the push of a button, but they are also carrying the ability to track their location with them. When a person carries a cell phone, it pings off the different cell ph…
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26
Feb

Why an Expungement Lawyer Is Needed for An Expungement

Contributor: James Gempeler
Expungement
Technically, you do not need an expungement lawyer. But going in without one is to your own detriment. The expungement process is detail-oriented with what must be filed and served. And the hearing involves State opposition from trained attorneys and…
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Tags: Arrest, Criminal Charges, Criminal Defense, expungement, expungement attorney, expungement lawyer, lawyer, Legal Update, Minneapolis DWI attorney, second chance, video
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