26
Oct

Odor of Marijuana May Not Justify a Vehicle Search - Under Certain Circumstances

As the world slowly but surely progresses to an era when marijuana will be legalized by every State, the courts are lagging behind, as usual. The courts have always been slow in responding to the evolution of things, such as trying to figure out the…
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7
Apr

Veterans Criminal Defense - Deferred Prosecution Law

Veterans are among the most selfless individuals in our community. They give up everything in order to serve and protect us. In doing so, unfortunately, it often comes with physical and mental health injuries. For the latter, it is not uncommon that…
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17
Mar

Threats of Violence Reckless Disregard - Defined

The threats of violence crime – formerly known as terroristic threats – is a serious felony level offense that includes a broad definition. That broad definition has led to plenty of litigation over the years on whether alleged misconduct…
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6
Jan

Conditional Release Violation - Case Law Update

If you are arrested for a crime in Minnesota, it is likely that you will be placed on bail or release conditions. The release conditions can be quite simple – to remain law abiding and make all future court appearances. However, sometimes the Court…
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23
Nov

Confessions Must Be Corroborated By Independent Evidence To Prove the Crime

The Minnesota Supreme Court just issued a ruling (State v. Holl, A19-1464) relating to the corpus delicti rule of law, in which a confession to a crime must be accompanied by some other evidence to result in a conviction. The idea is that criminal co…
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7
Jan

Minnesota's Revenge Porn Law Upheld by Supreme Court

A little more than a year ago, the Minnesota Court of Appeals issued a significant ruling when it found that Minnesota’s revenge porn law (more formally known as nonconsensual dissemination of private sexual images) was unconstitutionally overb…
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27
Jul

Failing to Yield to an Emergency Vehicle Ticket - Minnesota

In the hierarchy of traffic tickets, failing to yield to an emergency vehicle is one of the more serious offenses. Most of the time, it’s a simple petty misdemeanor offense (which is not considered a crime under Minnesota law). But, sometimes,…
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15
Apr

DWI Aggravating Factors - Supreme Court Clarification

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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11
Mar

Minnesota's Revenge Porn Law Ruled Unconstitutional

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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14
Feb

Lying to Police is not Obstruction of Legal Process in Minnesota

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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