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…

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…

In an era where the 2nd Amendment is untouchable, the 4th Amendment is nearing extinction due to two rulings this week by the U.S. Supreme Court. Before getting into the first decision – Utah v. Strieff – let’s remind ourselves of w…

A person commits a theft of motor vehicle whenever that person “takes or drives a motor vehicle without the consent of the owner or an authorized agent of the owner, knowing or having reason to know that the owner or an authorized agent of the…

As has been discussed in this blog previously, the biggest ambiguity in the expungement law is how courts should interpret a stay of imposition expungement petition – specifically, is the conviction a felony as originally adjudicated or a misde…

Self-defense in Minnesota is an affirmative defense against assault-based charges. Much of the analysis is tied to the reasonableness of the actions taken by the defendant and whether the defendant could have avoided the situation. But, if the defend…

As part of any sentence or plea negotiation, a defendant may be ordered to pay restitution to the victim of the crime. A Court is supposed to analyze the bases for the restitution request against the resources available to the defendant. But, far too…

The Minnesota Department of Human (“DHS”) is notorious for fighting expungements at all costs. Regardless of whether the record involves a conviction or not, the DHS is going to fight. That’s because the due process of criminal law…