1
Mar

Carrying While Under the Influence

Case Law Updates, Criminal Charges, Gross Misdemeanors / Misdemeanors, Gun Rights
In Minnesota, it is illegal to be carrying while under the influence of alcohol or controlled substances. The offense can be either a misdemeanor or gross misdemeanor, requiring possible jail and/or a heavy fine, not to mention revocation of the pers…
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3
Jan

Expungement Waiting Period - How It Applies, according to the Court of Appeals

Case Law Updates, Expungement, Gross Misdemeanors / Misdemeanors
Just this past late-spring, the Court of Appeals issued a ruling that summarily approved of a lower court decision in which the expungement waiting period was applied from the date of discharge going forward 2-, 4-, or 5-years. There was no analysis…
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6
Sep

Drug Detection Dog Search in a Secured Apartment Building - Get a Warrant!

Case Law Updates, Constitutional Rights, Drug Crimes
This week, the Minnesota Court of Appeals issued an important decision, pulling back the expanding usage of drug detection dogs for searches of controlled substances. In State v. Edstrom, the Court of Appeals held that law enforcement must get a warr…
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28
Jul

Underage DWI Expungement - Court of Appeals Decision

Case Law Updates, DWI, Expungement, Gross Misdemeanors / Misdemeanors
As we’ve discussed on our website and previous blog posts, DWI expungements are difficult to attain. The same could be said for an underage DWI expungement, a conviction that should be treated completely different. In a recent decision, State v…
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13
Jul

Evidence at Restitution Hearings

Case Law Updates
A common part of sentencing is restitution – which is supposed to repay any victim the out of pocket losses they sustained as a result of the crime. As you can probably imagine, restitution requests can lead to a lot of issues, particularly whe…
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5
May

Expungement Waiting Period - Court of Appeals' Decision

Case Law Updates, Expungement
One of the ambiguities that surrounded the new law after its change in 2015 was how the expungement waiting period applied. The law provides that a petitioner must be crime free for a period of 1-, 2-, 4-, or 5-years “since discharge” of…
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20
Apr

Stay of Imposition is considered a Felony - Supreme Court Decision (UPDATE)

Case Law Updates, Expungement
The biggest uncertainty following the release of the new expungement in 2015 was – how would courts treat stays of imposition, in which a felony conviction is later deemed a misdemeanor upon successful completion of probation? Is it a misdemean…
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3
Feb

CVO - Defining 'Operation'

Case Law Updates, Criminal Vehicular Operation
Criminal vehicular operation (CVO) is a charge with steep and long-lasting consequences. Central to a CVO is that the defendant was “operating” the motor vehicle. This differs than the DWI law – which has similar fact patterns ̵…
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10
Jan

Speculative Arguments Cannot Be Used to Oppose Expungements

Case Law Updates, Expungement
State attorneys will guard and protect criminal records at all costs – even when the record involves a resolution in the petitioner’s favor, such as an acquittal. Yes, that’s correct. State attorneys will even object to an expungeme…
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29
Dec

Expunge DHS Records - Court of Appeals Decision

Case Law Updates, Expungement, Stay of Adjudication
For individuals that work in a field licensed by the Department of Human Services (DHS), trying to expunge DHS records is imperative if you have a criminal record. The DHS has a list of offenses – even if unproven in a criminal case – tha…
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