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14
Apr
The central analysis in a firearm rights restoration matter is whether the petitioner can demonstrate ‘good cause,’ which is undefined by statute. Previous case law has bestowed upon this vague concept the following definition: “a reason for ta…
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31
Mar
DWI Breath Test - The Observation Period
When a driver gets arrested for a DWI, an officer takes them back to the station and requests an official test to determine the driver’s alcohol concentration level. In the vast majority of cases, the test offered is a breath test, administered…
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19
Sep
Defending False Allegations of Sexual Assault
Over the last several years, the #MeToo campaign has empowered and supported women to bring to light sexual assault claims that had been previously unreported. While this is a noble and good campaign, like anything, there is an ugly side of it too …
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14
Feb
Lying to Police is not Obstruction of Legal Process in Minnesota
Obstruction of legal process in Minnesota is a very serious charge, but it also can be overcharged by cops that are inpatient or simply out to get a defendant. One way in which we have seen it overcharged is when a defendant is not cooperating or lyi…
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30
Jan
Being Nervous Does NOT Permit Expanding the Scope of the Stop
Anyone who gets pulled over will tell you – if they’re being honest – that they were being nervous when talking with the cop. It doesn’t matter if the driver was hiding something illegal in the vehicle or was simply pulled ove…
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18
Oct
Minnesota Sentencing Lawyer - Durational Departure
As previously discussed in our blog about dispositional departures, sentencing often can be the most critical part of the criminal case. When the State simply has the facts to convict you, the case then turns to how to obtain the best possible senten…
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5
Oct
Minnesota Sentencing Attorney - Dispositional Departure
Sentencing can often be the most important part of a criminal case for a defendant. Whether the defendant plead guilty or was found guilty at trial, sentencing is when the defendant finds out their criminal consequences. With prison on the line in fe…
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28
Jul
Disorderly Conduct - Fighting Words
The common-law crime of disturbing the peace (n.k.a. disorderly conduct) used to be broadly defined to include any behavior which disturbed the peacefulness of citizens. States took it upon themselves to codify this rule under disorderly conduct stat…
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21
Jul
Restitution in Minnesota - Direct Causation Required
Over the past few decades, the criminal justice system has endured a massive change in its treatment of alleged crime victims and offenders. Those accused of committing crimes have been subject to increasingly punitive outcomes, both in law and publi…
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30
Jun
Physical Discipline of a Child - Authorized Use of Force
Minnesota authorizes use of force against another person, without their consent, under limited circumstances outlined in Minn. Stat. 609.06. The most common example is self-defense. But, a common scenario that often gets overlooked is that a “p…
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