26
Sep

The Odor of Marijuana Alone May Not Justify Vehicle Search

The Supreme Court recently issued a critical decision that will have wide-ranging impact that coincides with the new legalization of marijuana. As outlined previously in this blog, the Court of Appeals ruled that the mere odor of marijuana – wi…
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31
Jul

Marijuana DUI Article Quotes James Gempeler

With the legalization of marijuana possession and use on August 1, 2023, there will be a dramatic change and impact on how police enforce these new laws. And with it will come learning curves. A major point of issue will be the inevitable uptick in m…
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6
Jun

Felon's Right to Vote Restored Sooner with New Minnesota Law Change

One of the most significant collateral consequences to a felony conviction is the loss of civil rights. The primary civil rights in play are the person’s firearm rights and, most importantly, the right to vote. For the latter, a felon’s r…
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30
May

Minnesota's Texting While Driving Law is Revised Again - 2023

The Use of Wireless Devices statute – which governs the use of cell phones while driving – has undergone another revision. And it comes just four short years since its most recent revision, demonstrating the ongoing battle to tamper down…
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23
Apr

Beyond a Reasonable Doubt Defined

The Constitution protects every criminal defendant by declaring that the defendant is innocent until proven guilty. And in order to be proven guilty, the State must prove each and every element beyond a reasonable doubt. It is the State’s burde…
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20
Feb

Fighting an Order for Protection

If you’ve just been served with an Order for Protection in Minnesota, your world is potentially flipped upside down. It is critical to understand what this Order is, how it immediately impacts you and your daily life, and what your options are…
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31
Jan

How Do I Handle a Warrant for My Arrest in Minnesota?

Warrants for an arrest can happen for a few reasons – missed court appearances, late or non-payments of fines, costs, or child support, and after being charged with a crime (a Ramsey County specialty). If this applies to you, the common questio…
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11
Jan

Self Defense - Applies to Any Offense Against a Defendant

Self-defense is one of the common affirmative defenses raised in the criminal justice system. As previously discussed in this blog, it permits a defendant to use force in order to prevent harm against them. That is typically how it is thought of R…
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4
Nov

Victim Cooperation is Critical to Proving Domestic Assault

One of the most critical considerations of a domestic assault or general assault case is victim cooperation. Will the victim cooperate (i.e. testify trial) or is the victim expected to no-show. While being subpoenaed by a court requires the victim to…
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26
Oct

Odor of Marijuana May Not Justify a Vehicle Search - Under Certain Circumstances

As the world slowly but surely progresses to an era when marijuana will be legalized by every State, the courts are lagging behind, as usual. The courts have always been slow in responding to the evolution of things, such as trying to figure out the…
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