26
Apr

Reckless Driving Attorney

Criminal Charges, Gross Misdemeanors / Misdemeanors, Traffic Violation
A Minnesota Reckless Driving offense is one of the most serious non-DWI traffic charges. It is a misdemeanor to start with, but could become a gross misdemeanor if there is a certain amount of harm caused by the reckless driving conduct. With such se…
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29
Mar

Driving While Impaired - Defined

DWI
Most of the time, when someone is facing a driving while impaired charge, they face two counts – one is based upon a test result above the legal limit of .08 and the other is based upon demonstrated impairment. In order to prove the latter, the…
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1
Mar

Carrying While Under the Influence

Case Law Updates, Criminal Charges, Gross Misdemeanors / Misdemeanors, Gun Rights
In Minnesota, it is illegal to be carrying while under the influence of alcohol or controlled substances. The offense can be either a misdemeanor or gross misdemeanor, requiring possible jail and/or a heavy fine, not to mention revocation of the pers…
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25
Feb

Criminal Damage to Property Attorneys

Criminal Charges, Felonies, Gross Misdemeanors / Misdemeanors
Criminal damage to property in Minnesota is a felony, gross misdemeanor, or misdemeanor, depending on the nature of the circumstances and amount of damage that occurred. Any conviction for this type of crime not only has serious criminal consequences…
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19
Feb

Domestic Assault - Defining "Significant Romantic or Sexual Relationship"

Domestic Assault
A domestic assault is an assault – either physical or through fear – against a family or household member. Family or household members include many of who you’d expect – parents, children, blood relatives, spouses, and ex-spou…
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11
Jan

Substantial Bodily Harm Defined - Minnesota Assault

Assault, Felonies, Gross Misdemeanors / Misdemeanors
The level of harm is often the distinction between whether an assault or obstruction of legal process charge is a felony or not. Central to this analysis is the term: “substantial bodily harm.” If the victim suffers substantial bodily har…
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17
Dec

Burglary Sentencing

Burglary & Robbery, Felonies
Burglary involves the breaking and entering into a building in order to commit a crime or when a person actually commits a crime. When the building is a dwelling – i.e. a place suitable for living – sentencing for the burglary offense get…
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15
Nov

Fourth Degree Assault - Level of Harm

Assault, Evidence, Felonies
A fourth degree assault is charged when a person allegedly assaults a certain class of individuals – usually a police officer or paramedic, for example. Most assume that this is an automatic felony; and frankly, this is how it is charged out mo…
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12
Nov

When is a Miranda Warning Required?

Arrest, Constitutional Rights
The Fifth Amendment provides that no person shall be compelled to be a witness against themselves in a criminal case. In lay mans terms, the Fifth Amendment is the right against self-incrimination. Per a 1966 United States Supreme Court decision, a M…
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21
Sep

Fine Increase for Passing a School Bus Ticket

Traffic Violation
In August of this year, an overlooked law change occurred that will meaningfully impact Minnesotans. Most traffic citations include a fine in the $100-300 range. Real money, but it’s at least reasonable. In August, this change for those charged…
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