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26
Oct
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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