5
May

Habeas Corpus Petition and Request for Compassionate Release

Felonies
Roughly a year ago, a client contacted North Star seeking an appeal of his sentence, which would require him to remain in the Minnesota State Prison system for at least four full years. He had entered a plea of guilty in Minneapolis to first degree n…
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16
Apr

Stay At Home Order Violation - Minnesota Criminal Defense Attorneys

Criminal Charges, Gross Misdemeanors / Misdemeanors
The Coronavirus sucks. Hearing the nightly news on how the COVID-19 pandemic continues to spread throughout the country and fearing the impact it can have on our jobs, finances, and, most importantly, health – well, it takes a toll. Add in the…
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15
Apr

DWI Aggravating Factors - Supreme Court Clarification

Case Law Updates, DWI
The severity of a DWI in Minnesota depends on the number of aggravating factors, if any. If there are none, the DWI is a misdemeanor offense, with no statutory sentencing requirements. If one or more DWI aggravating factors are present, the DWI can b…
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8
Apr

Controlled Substance Crimes Sentencing - How to Get a Reduction in Prison Time

Drug Crimes, Felonies
Minnesota’s sentencing laws used to be more penal than just, particularly in the everlasting ‘war on drugs.’ Sentencing reform in 2016 provided some help in stopping the law from being overly punitive toward controlled substance cri…
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3
Apr

Depriving Parenting Rights Crime

Child Neglect, Criminal Charges, Felonies
Family law can get downright nasty – especially when it comes to parenting rights. It is not uncommon for the parents to fight tooth and nail to maximize their parenting time to the detriment of the other parent. Multiple hearings and parenting…
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26
Mar

Minor Consumption Attorney

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…
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11
Mar

Minnesota's Revenge Porn Law Ruled Unconstitutional

Case Law Updates, Felonies, Gross Misdemeanors / Misdemeanors, Sex Crimes/Child Pornography Crimes
UPDATE: The Minnesota Supreme Court reversed this decision and upheld the statute as being constitutional. Read our latest blog on the Supreme Court’s decision here. In December 2019, the Court of Appeals struck down Minnesota’s revenge p…
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5
Mar

Vehicle Forfeiture - How to Get Your Vehicle Back

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…
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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…
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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…
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