15
Apr

DWI Aggravating Factors - Supreme Court Clarification

Case Law Updates, DWI
The severity of a DWI in Minnesota depends on the number of aggravating factors, if any. If there are none, the DWI is a misdemeanor offense, with no statutory sentencing requirements. If one or more DWI aggravating factors are present, the DWI can b…
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8
Apr

Controlled Substance Crimes Sentencing - How to Get a Reduction in Prison Time

Drug Crimes, Felonies
Minnesota’s sentencing laws used to be more penal than just, particularly in the everlasting ‘war on drugs.’ Sentencing reform in 2016 provided some help in stopping the law from being overly punitive toward controlled substance cri…
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3
Apr

Depriving Parenting Rights Crime

Child Neglect, Criminal Charges, Felonies
Family law can get downright nasty – especially when it comes to parenting rights. It is not uncommon for the parents to fight tooth and nail to maximize their parenting time to the detriment of the other parent. Multiple hearings and parenting…
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26
Mar

Minor Consumption Attorney

Criminal Charges, Gross Misdemeanors / Misdemeanors
Minnesota has a “zero tolerance policy” when it comes to underage consumption of alcohol. This means a minor may not consume any alcohol without facing the possibility of receiving a minor consumption ticket in Minnesota. But, you may be…
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11
Mar

Minnesota's Revenge Porn Law Ruled Unconstitutional

Case Law Updates, Felonies, Gross Misdemeanors / Misdemeanors, Sex Crimes/Child Pornography Crimes
UPDATE: The Minnesota Supreme Court reversed this decision and upheld the statute as being constitutional. Read our latest blog on the Supreme Court’s decision here. In December 2019, the Court of Appeals struck down Minnesota’s revenge p…
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5
Mar

Vehicle Forfeiture - How to Get Your Vehicle Back

DWI
To many, the most severe collateral consequence stemming from a DWI is the vehicle forfeiture. The vehicle forfeiture law is convoluted, but in essence it means that, if you are convicted of a second-degree DWI, or worse, then the State may lawfully…
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8
May

Enhancement is a Moot Issue for DWI Expungement Purposes

Case Law Updates, DWI, Expungement
For individuals trying for a DWI expungement (or to expunge assault-type records, there is one argument that the State loves to emphasize – the record is enhanceable (if the conviction is not more than ten years old) and sealing it would preven…
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3
Jan

Expungement Waiting Period - How It Applies, according to the Court of Appeals

Case Law Updates, Expungement, Gross Misdemeanors / Misdemeanors
Just this past late-spring, the Court of Appeals issued a ruling that summarily approved of a lower court decision in which the expungement waiting period was applied from the date of discharge going forward 2-, 4-, or 5-years. There was no analysis…
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29
Dec

Resolved in Favor Expungements Include Continuance for Dismissals

Expungement, Gross Misdemeanors / Misdemeanors, Record Expungement
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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28
Jul

Underage DWI Expungement - Court of Appeals Decision

Case Law Updates, DWI, Expungement, Gross Misdemeanors / Misdemeanors
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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