15
Mar

Self-Defense - Duty to Retreat Exists if Person is on Front Lawn

Assault, Case Law Updates, Domestic Assault
Self-defense in Minnesota is an affirmative defense against assault-based charges. Much of the analysis is tied to the reasonableness of the actions taken by the defendant and whether the defendant could have avoided the situation. But, if the defend…
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9
Mar

Challenging Restitution in Minnesota - Timing is Critical

Case Law Updates
As part of any sentence or plea negotiation, a defendant may be ordered to pay restitution to the victim of the crime. A Court is supposed to analyze the bases for the restitution request against the resources available to the defendant. But, far too…
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7
Mar

The Importance of Properly Serving the DHS in an Expungement

Case Law Updates, Expungement
The Minnesota Department of Human (“DHS”) is notorious for fighting expungements at all costs. Regardless of whether the record involves a conviction or not, the DHS is going to fight. That’s because the due process of criminal law…
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1
Mar

Expunging Records Within the Statute of Limitations Period - Be Careful

Expungement, Statute of Limitation
The existence of a criminal record – even when the matter was ultimately dismissed – is still damaging. The mere fact that you were charged with a crime raises red flags for human resource managers and potential landlords. That is why see…
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27
Feb

City of Minneapolis Marijuana Laws Will Now Match State Laws

Drug Crimes
The City of Minneapolis – never one to hold back in pursuing criminal “justice” – is correcting a ridiculous inconsistency between its own laws and those of this State. The City Council voted unanimously on Friday to reduce po…
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15
Feb

Interfering With 911 Emergency Calls

Criminal Charges, Domestic Assault
It is a gross misdemeanor offense for a person to be interfering with 911 emergency calls. Prosecutors treat this offense very seriously, as it is often the byproduct of an in-progress domestic assault. And, like domestic assaults, the consequences f…
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7
Feb

Self-Defense in Minnesota

Assault, Domestic Assault, Murder/Homicide
An affirmative defense most people are familiar with is self-defense. But, few know what it means and how it’s applied in the law. Self-defense in Minnesota is a complete defense to a charge if raised successfully. Essentially, the defendant claims…
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18
Jan

Confidential Informant's Identity May Be Disclosed

Drug Crimes, Evidence, Felonies
Often, the State relies upon snitches (or, more politically correct – a confidential informant (“CI”)) to prove their case against a defendant. You see this often in drug cases. The State values this ‘insider’ informatio…
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15
Jan

Malicious Punishment of a Child - Hard to Define Even By Courts

Gross Misdemeanors / Misdemeanors, Malicious Punishment of a Child
The crime of Malicious Punishment of a Child in Minnesota is vaguely defined by the statute: A parent, legal guardian, or caretaker who, by an intentional act or a series of intentional acts with respect to a child, evidences unreasonable force or cr…
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8
Jan

Contempt of Court is Often Overcharged

Case Law Updates, Criminal Charges
Contempt of Court is often associated with civil cases, such as when a subpoenaed party doesn’t appear or a judgment debtor doesn’t pay a judgment. In such situations, a Court has the power to hold the offending party in contempt and actu…
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