9
Mar

Challenging Restitution in Minnesota - Timing is Critical

Case Law Updates
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…
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7
Mar

The Importance of Properly Serving the DHS in an Expungement

Case Law Updates, Expungement
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…
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8
Jan

Contempt of Court is Often Overcharged

Case Law Updates, Criminal Charges
Contempt of Court is often associated with civil cases, such as when a subpoenaed party doesn’t appear or a judgment debtor doesn’t pay a judgment. In such situations, a Court has the power to hold the offending party in contempt and actu…
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14
Dec

Minnesota's DWI Law About to Get a Close-Up

Case Law Updates, DWI
In just our last blog, we quoted Justice Alan Page’s infamous lambasting of his colleagues when he said the Minnesota Supreme Court (at least the majority) wished it lived in a world without McNeely. Well, the Supreme Court of the United States…
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9
Dec

Equal Protection and Due Process Violations in Minnesota DWI Law

Case Law Updates, Constitutional Rights, DWI
As the veritable Justice Alan Page penned: “(Minnesota) court(s) apparently wish that we lived in a world without Missouri v. McNeely.” Such a strong shot fired at his fellow justices is true because ever since the United States Supreme C…
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7
Dec

Aiding and Abetting Does Not Require a Conviction for the Principal Actor

Case Law Updates, Felonies, Murder/Homicide, Weapons Charges
Talk about crappy luck…. So imagine you are a poor schmuck, you happen to believe strongly in the Second Amendment’s guarantee of a personal right to a firearm, and you have buddies who do stupid things. Maybe it’s not such a good i…
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1
Oct

A BB Gun is a Firearm... Somehow...

Case Law Updates, Felonies, Gun Rights
Hey there ho there, average happy Minnesota citizen. You are blissfully unaware of the pronouncements of your nearest Court of Appeals 3-person panel of judges, because… well, you are wise, and have a happy full life, and it’s only nerds…
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1
Sep

Probation Violations - Disqualify a Judge?

Case Law Updates, Probation Violation
In a probation violations setting, the deck is already stacked against the defendant in the sense that the State’s burden of proof is lower and the rules of evidence don’t apply. And that does not even include the possibility that the jud…
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6
Aug

Stop Based Upon Reasonable Mistake of Law is Permissible

Case Law Updates
The Supreme Court of the United States (SCOTUS) just issued a ruling that further weakens our Fourth Amendment protections. It held that a reasonable mistake of law by police when stopping a vehicle does not violate a persons Fourth Amendment right t…
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Tags: Criminal Charges, Reasonable Mistake
20
Jul

DWI Aggravating Factor - Children in Car at time of DWI

Case Law Updates, DWI
A DWI can be enhanced to a gross misdemeanor or felony based upon the presence of any combination of aggravating factors. Minn. Stat. 169A.03, subd. 3 defines aggravating factors to include: (1) having a qualified prior within the past 10 years; (2)…
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