23
Sep

Falsely Reporting a Crime Charge in Minnesota

Criminal Charges, Gross Misdemeanors / Misdemeanors
Falsely reporting a crime is a serious offense in Minnesota that can lead to long-lasting consequences. Due to the resources that are allegedly wasted in investigating false claims, prosecutors take these crimes seriously and often seek a straight pl…
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12
Sep

Search Warrant Requirements

Constitutional Rights
The Fourth Amendment assures us that we have the right to be secure in our “persons, houses, papers, and effect from unreasonable searches and seizures.” Except when numerous exclusions may apply, the State must obtain a valid warrant to…
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11
Sep

Cell Phone Evidence - The Basics

Constitutional Rights
With smart phones becoming such a critical part of our lives, cell phone evidence is becoming more common. Crucial evidence to a case is often found within the data of the cell phone. The State can obtain this evidence, but it is not easy and can lea…
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9
Sep

Expungement Appeal - Standards of Review

Case Law Updates, Expungement
With the Supreme Court set to hear the big appeal on the stay of imposition issue as it relates to expungements this coming October, let’s review the applicable standards of review the Court should employ in an expungement appeal. The decision…
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31
Aug

State Can Dismiss and Re-file in Bad Faith - Supreme Court Decision

Case Law Updates
Last summer, the Court of Appeals decided that it is bad faith for a prosecutor to dismiss a case, with the express intent to re-file criminal charges against the same defendant, after a Court had denied a continuance request. The Court of Appeals pr…
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24
Aug

Texting and Driving Ticket - Minnesota

Traffic Violation
In Minnesota, a texting and driving ticket is a petty misdemeanor offense, which means the total fine is less than $300 and it includes no jail. Still, the collateral consequences – such as increased insurance premiums – can have a lastin…
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16
Aug

Threats of Violence - Transitory Anger Defense

Felonies
Threats of violence (what used to be called ‘terroristic threats’) is a catch-all, if you will, for serious threats and threatening behavior. For example, threats at a persons life falls within this charge. But, the mere mention of a thre…
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1
Aug

Drug Crime Sentencing - New Laws Effective Today

Drug Crimes, Felonies
Effective today – Aug. 1 – Minnesota’s drug laws received a much needed update for drug crime sentencing. An antiquated system more in tune with the failed “War on Drugs” from previous decades is finally abolished in fav…
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11
Jul

Riot and Unlawful Assembly

Criminal Charges
Now, more than ever, protests are becoming commonplace and necessary. As expected, law enforcement agencies are fighting back with the resources they have, including bringing charges against protesters. A couple of the more common charges protesters…
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7
Jul

SCOTUS Ruling - Gun Rights Are Lost Following Domestic Assault Convictions

Case Law Updates, Domestic Assault, Gun Rights
The Supreme Court of the United States recently ruled in Voisine v. United States that a reckless domestic assault is considered a misdemeanor crime of domestic violence. This is significant because the 1996 Lautenberg Amendment bans firearm possessi…
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