Blog

26
Mar

Minor Consumption Attorney

Posted By
James Gempeler
Criminal Charges, Gross Misdemeanors / Misdemeanors
Minnesota has a “zero tolerance policy” when it comes to underage consumption of alcohol. This means a minor may not consume any alcohol without facing the possibility of receiving a minor consumption ticket in Minnesota. But, you may be…
Read More
11
Mar

Minnesota's Revenge Porn Law Ruled Unconstitutional

Posted By
James Gempeler
Case Law Updates, Felonies, Gross Misdemeanors / Misdemeanors
In December 2019, the Court of Appeals struck down Minnesota’s revenge porn law that made it illegal to “intentionally disseminate an image of another person who is depicted in a sexual act or whose intimate parts are exposed.” Minn. Stat.…
Read More
5
Mar

Vehicle Forfeiture - How to Get Your Vehicle Back

Posted By
James Gempeler
DWI
To many, the most severe collateral consequence stemming from a DWI is the vehicle forfeiture. The vehicle forfeiture law is convoluted, but in essence it means that, if you are convicted of a second-degree DWI, or worse, then the State may lawfully…
Read More
14
Feb

Lying to Police is not Obstruction of Legal Process in Minnesota

Case Law Updates, Gross Misdemeanors / Misdemeanors
Obstruction of legal process in Minnesota is a very serious charge, but it also can be overcharged by cops that are inpatient or simply out to get a defendant. One way in which we have seen it overcharged is when a defendant is not cooperating or lyi…
Read More
30
Jan

Being Nervous Does NOT Permit Expanding the Scope of the Stop

Constitutional Rights
Anyone who gets pulled over will tell you – if they’re being honest – that they were being nervous when talking with the cop. It doesn’t matter if the driver was hiding something illegal in the vehicle or was simply pulled ove…
Read More
18
Oct

Minnesota Sentencing Lawyer - Durational Departure

Felonies
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 senten…
Read More
5
Oct

Minnesota Sentencing Attorney - Dispositional Departure

Felonies
Sentencing 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 fe…
Read More
28
Jul

Disorderly Conduct - Fighting Words

Constitutional Rights, Criminal Charges, Gross Misdemeanors / Misdemeanors
The 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 stat…
Read More
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…
Read More
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…
Read More
1 2 … 14 Last »

Blog Categories

Archives

Schedule a Free Consultation

  • This field is for validation purposes and should be left unchanged.