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 sentence. There are...
Read MoreSentencing 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 felony cases, having...
Read MoreThe 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 statutes. Many of these statutes have been declared...
Read MoreOver 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 public opinion. This retributive justice approach...
Read MoreMinnesota 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 "parent, guardian, teacher, or other lawful custodian" may use...
Read MoreDistracted 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 because it requires proof that the driver...
Read MoreMinnesota'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 the current state of the law,...
Read MoreMinnesota'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 intent." Without some facts to support this...
Read MoreLet'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 is hardly...
Read MoreMr. 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 attorneys...
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