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 person's right to carry. Under Minn....
Read MoreThis 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 warrant (or have an exception to...
Read MoreA 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 when the...
Read MoreCriminal 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 - because the DWI law includes individuals that...
Read MoreLast 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 precluded such...
Read MoreThe 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 possession for anyone convicted of a misdemeanor crime...
Read MoreIn 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 what the 4th Amendment is...
Read MoreA 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...
Read MoreAs 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 misdemeanor as the record currently shows after...
Read MoreSelf-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 defendant was in his/her house, there is...
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