21
Jul

Restitution in Minnesota - Direct Causation Required

Case Law Updates
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

Child Neglect, Domestic Assault, Malicious Punishment of a Child
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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1
May

Distracted Driving Enforcement

Traffic Violation
Distracted driving – i.e. texting while driving – has become a major problem that has led to serious, and sometimes deadly, accidents. Enforcing the distracted driving laws has always been difficult under the current language of the law b…
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30
Apr

Distracted Driving Law to Change in August 2019

Criminal Charges, Traffic Violation
Minnesota’s distracted driving law – a.k.a. texting and driving – will change come August 2019. Starting then, the law will be much more restrictive, essentially demanding that any use of a cell phone by a driver be hands-free. For…
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22
Apr

Sex Crimes - "Sexual or Aggressive Intent" - Defined

Felonies, Gross Misdemeanors / Misdemeanors, Sex Crimes/Child Pornography Crimes
Minnesota’s sex crimes require a specific intent that is undefined by statute. In order for the State to prove a defendant committed criminal sexual contact, it must show that the defendant committed the contact with “sexual or aggressive…
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20
Mar

Flipping the Bird to Cops - Not a Basis for the Cop to Stop You (Federal Court Decision)

Case Law Updates, Constitutional Rights
Let’s be honest. How many times have we wanted to flip the bird to a cop after pulling us over for a mundane traffic violation? Countless? Maybe just a couple? Either way, it’s probably crossed our minds when we think the minor infraction…
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22
Jan

Mr. Gempeler is Named a 2019 Rising Star

Firm News
Mr. Gempeler was just named a 2019 Rising Star. This is the fifth consecutive year – which coincides with his tenure at North Star – being named a Rising Star by his peers and colleagues alike. It’s a recognition awarded to only 2.5% of attorne…
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20
Dec

What Qualifies as a Prior Offense to Enhance a Domestic Assault?

Assault, Domestic Assault
The severity of your domestic assault charge will depend on the number of prior “qualified domestic violence-related offenses.” One would think that this list of prior domestic-related offenses would be limited to purely domestic-related…
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18
Dec

Dan Adkins - Exclusive Interview with Minnesota Bench & Bar Magazine

Firm News, In the Media
We don’t do our work for notoriety and media exposure. We do it because we love helping our clients through what is often their most challenging time in their life. But, like anyone, it is nice to be recognized when a reputable magazine devoted…
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30
Oct

The Masking Prohibition - CDL Drivers and Traffic Tickets

Loss of License, Traffic Violation
Commercial drivers know that even minor traffic tickets can have a dramatic impact on their livelihood. This stems from the federal law that automatically revokes commercial driving privileges for certain disqualifying offenses. For instance, speedin…
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