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,...
Read MoreIn 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 person's right to carry. Under Minn....
Read MoreCriminal 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, including prison or jail time, but...
Read MoreA 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-spouses. It also extends to individuals who live together...
Read MoreThe 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 harm, the result is a 3rd...
Read MoreBurglary 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 gets more significant....
Read MoreA 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 most of the...
Read MoreThe 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 Miranda warning is required...
Read MoreIn 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 with passing a school bus violation...
Read MoreIn the 2017 Minnesota legislative session, changes were made to MN DWI Laws. These new laws went into affect at the beginning of July. None of these changes are ground-shaking, but it's nonetheless important to understand them and how they'll affect DWI law and your...
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