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25
Jan
You may be surprised to learn that mail theft – a potentially innocuous offense – is a felony in Minnesota. Because of this, such a simple act can carry long-lasting and potentially devastating consequences on an individual charged with f…
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18
Jan
Expunging Stay of Imposition Records – Update
The biggest ambiguity in the new expungement law is how courts will treat stay of imposition records. The question the courts will have to answer: is the conviction considered a felony (which the petitioner was originally charged and pled guilty to)…
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16
Jan
Domestic Assault Mandatory Sentences
One of the most frustrating parts of our jobs is when we represent clients facing supposed ‘mandatory minimums’ when charged with certain crimes. It is common knowledge in drug offenses. Not so common knowledge is that there are domestic…
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10
Jan
Speculative Arguments Cannot Be Used to Oppose Expungements
State attorneys will guard and protect criminal records at all costs – even when the record involves a resolution in the petitioner’s favor, such as an acquittal. Yes, that’s correct. State attorneys will even object to an expungeme…
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29
Dec
Expunge DHS Records - Court of Appeals Decision
For individuals that work in a field licensed by the Department of Human Services (DHS), trying to expunge DHS records is imperative if you have a criminal record. The DHS has a list of offenses – even if unproven in a criminal case – tha…
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19
Dec
Snowmobiling while Intoxicated (SWI)
Any person who is operating a snowmobile while under the influence can be charged with a snowmobiling while intoxicated charge (SWI), which is the equivalent to a DWI. The criminal penalties will be nearly identical to a DWI charge, but the civil pen…
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16
Dec
GERD Defense to DWI Charges
Typically, the most critical piece of evidence in a DWI is the breath test result taken at the station. This test shows whether the driver was above the 0.08 legal limit. But, this test result can be inaccurate if the driver suffers from certain medi…
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17
Nov
Underage Drinking and Driving
Facing DWI charges is a difficult time for every person. This is especially true for persons under the age of 21. An underage drinking and driving offense raises unique issues and potentially more significant collateral consequences. To begin with, a…
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17
Nov
DWI Expungement - Court of Appeals Decision
A frustrating trend had emerged in Hennepin County with its handling of DWI expungements. It was becoming quite clear that obtaining an expungement of a DWI record was going to be nearly impossible. Other counties throughout the State give DWI expung…
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7
Nov
Texting and Driving Crimes
Mr. Gempeler was just published by the Bench & Bar Magazine – a magazine distributed statewide to attorneys and judges – on the range of texting and driving crimes and the various consequences that come with them. The article also exp…
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