2
Jul

Assaulting an Officer - What is Demonstrable Bodily Harm?

Assaulting an officer is charged out as fourth degree assault. It starts as a gross misdemeanor offense, unless there is ‘demonstrable bodily harm,’ in which case it becomes a felony. For some reason, this term is undefined by statute, le…
Read More
9
May

Minnesota's Indecent Exposure Crime Gets Clarifications - Sort Of

As we’ve previously discussed in a couple blog posts, the indecent exposure crime has statutory language that is vague and was applied inconsistently as a result. It left too much to interpretation by who was doing the enforcement. Minnesota co…
Read More
18
Apr

Minnesota Tax Crimes - Will the Court of Appeals Follow the Law?

The most common Minnesota Tax Crimes that we see are failing to file and failing to pay taxes, pursuant to Minn. Stat. 289A.63, subd. 1. The statute dictates that the severity level of the crime is either a gross misdemeanor or felony. The difference…
Read More
6
Apr

What is a Geofence Warrant and Why is it Important?

Where technology has evolved, individuals are not just traveling with everything at the push of a button, but they are also carrying the ability to track their location with them. When a person carries a cell phone, it pings off the different cell ph…
Read More
15
Feb

Misdemeanor vs. Felony - Levels of Crimes in Minnesota

A common question we get from our clients and family/friends is: what is the difference between a misdemeanor vs. felony? To understand this, we will go over the full list of levels of crimes in Minnesota, starting with a type of conviction that is t…
Read More
26
Sep

The Odor of Marijuana Alone May Not Justify Vehicle Search

The Supreme Court recently issued a critical decision that will have wide-ranging impact that coincides with the new legalization of marijuana. As outlined previously in this blog, the Court of Appeals ruled that the mere odor of marijuana – wi…
Read More
6
Jun

Felon's Right to Vote Restored Sooner with New Minnesota Law Change

One of the most significant collateral consequences to a felony conviction is the loss of civil rights. The primary civil rights in play are the person’s firearm rights and, most importantly, the right to vote. For the latter, a felon’s r…
Read More
26
Oct

Odor of Marijuana May Not Justify a Vehicle Search - Under Certain Circumstances

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…
Read More
25
Sep

What is constructive possession of drugs?

Drug possession – even marijuana (for now) – is still a very serious crime in Minnesota, with most being felony level offenses. There are two types of possession that the State can pursue when charging you with a drug possession crime: ac…
Read More
15
Jul

Fleeing Police in a Vehicle - License Revocation Consequences

Fleeing police in a vehicle is a felony offense, with varying levels of severity based upon the circumstances and result of the fleeing conduct. Possible prison, significant fines, and restitution are all serious consequences that are the primary foc…
Read More