criminal defense attorneys

Sep 09/23/2021

Noor conviction OVERTURNED. Now what?

2021-09-23T18:00:45+00:00September 23, 2021|Criminal Defense, Minnesota Law News|

On April 30, 2019, a jury convicted former police officer Mohamed Noor of Third-Degree Murder and Second-Degree Manslaughter for the death of Justine Ruszczyk Damond.  The conviction sparked a legal battle over the meaning of the words “causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, [...]

Aug 08/25/2021

Gun Violence & Straw Purchasing

2021-08-27T14:33:41+00:00August 25, 2021|Criminal Defense, Federal Crimes, Federal Crimes Defense, Gun Rights, Minnesota Law News, Violent Crimes|

Minneapolis is seeing a rapid increase in violent crimes involving firearms.  For example, 553 people were injured or killed by gunfire in Minneapolis in 2020, the most in 15 years.  Where are these guns coming from?  One method is through a scheme called "straw purchasing."  Straw purchasing is when a customer purchases a gun on [...]

Jul 07/14/2021

Boating Under the Influence: Staying Safe on the Water

2021-08-05T17:40:34+00:00July 14, 2021|Criminal Defense, DWI|

There's been a recent uptick in arrests for boating under the influence on Minnesota waters.  Here's what you need to know. It is a crime to operate or be in physical control of a motorboat in operation on any waters or boundary waters of Minnesota when: the person is under the influence of alcohol; the [...]

Jun 06/22/2021

Acquittal: Jury Finds Client Accused Terroristic Threats and Witness Tampering, Not Guilty!

2021-08-05T17:40:40+00:00June 22, 2021|Acquittal, Case Results, Criminal Defense|

Charges: Terroristic Threats (Felony) Communication with the purpose to terrorize another or in reckless disregard of the risk of causing terror. Maximum penalty: 3 years imprisonment. 1st Degree Witness Tampering  (Felony) Intentionally prevents or dissuades or intentionally attempts to prevent or dissuade a witness from testifying by means of force or threats or injury. Maximum [...]

Apr 04/03/2020

Minnesota Sees Uptick in Domestic Assault Related Calls After “Stay at Home” Ordered

2021-08-05T17:41:37+00:00April 3, 2020|Assault Charges, Criminal Defense|

Fox 9:  During the First "Stay at Home" Weekend - Two-Thirds of Police Calls Were Domestic Assault Related Earlier this week, Fox 9 News reported that, according to Governor Walz, two-thirds of all police calls over the first weekend of the "stay at home" order were for domestic assault or domestic-violence related incidents.  Fox 9 [...]

Sep 09/19/2019

Understanding Minnesota’s Enhanceable Offenses

2021-08-05T17:41:43+00:00September 19, 2019|Criminal Defense|

Minnesota Offense Levels In order to understand how enhanceable offenses operate, you must first understand the levels of criminal offenses in Minnesota.  There are four: PETTY MISDEMEANOR MISDEMEANOR GROSS MISDEMEANOR FELONY Not considered a "crime" Maximum punishment:  $300 Fine Maximum punishment:  $1,000 Fine and/or 90 days jail Maximum Punishment:  $3,000 Fine and/or up to [...]

Feb 02/08/2019

Minneapolis Bus Driver Shooting: Shooter Claims Self Defense. What Does That Mean?!?

2019-02-08T21:44:22+00:00February 8, 2019|Criminal Defense|

Backstory: According to Local News Reports Earlier this week a motorist, identified as Kenneth Lily, collided with a school bus as it merged onto the freeway in Minneapolis.  Lily pulled off to the shoulder and the school bus pulled in behind his vehicle.  Lily then exits his vehicle and confronts the bus driver, purportedly [...]

Jul 07/20/2018

Spreigl Evidence: The Basics

2018-07-23T17:03:53+00:00July 20, 2018|Criminal Defense, FAQ|

So you're charged with a crime and are gearing up for a jury trial.  Do you have a criminal past? Did you know that the government may be able to use evidence of your criminal past against you?  In Minnesota this is commonly referred to as Spreigl Evidence, found under Minnesota Rule of Evidence 404. What [...]

Nov 11/03/2017

Deer Hunting Opener Is Right Around the Corner, Are You Prohibited From Possessing A Firearm?

2018-05-25T22:18:49+00:00November 3, 2017|Criminal Defense, Gun Rights|

Is your current or past criminal offense affecting your ability to get into the deer stand this year? ***Notice: This article is not intended to be legal advice.  Every criminal case has its own set of unique circumstances. If you have questions about your specific case contact your attorney.  If you do not have an [...]

Oct 10/04/2017

Sieben & Cotter Criminal Defense: We Get the Job Done!

2018-05-25T22:18:49+00:00October 4, 2017|Assault Charges, Criminal Defense, Criminal Sexual Conduct, Drug Crimes, Sex Crimes|

What level of service can you expect from us as your criminal defense attorneys? First and foremost, WE GET THE JOB DONE!  Practically speaking that could mean winning your case outright (i.e. acquittal or dismissal of charges) or securing the best possible outcome for you.  As a criminal defense law firm our mission is [...]

Aug 08/11/2017

Patrick Cotter Recertified as Criminal Law Specialist

2018-05-25T22:18:49+00:00August 11, 2017|Criminal Defense, Patrick Cotter|

The Minnesota State Bar Association announces the recertification of Patrick L. Cotter, Sieben & Cotter, PLLC, as a Minnesota State Bar Association (MSBA) Certified Criminal Law Specialist.  This Certification program is administered by the MSBA and approved by the State Board of Legal Certification. The certified specialist designation is earned by leading attorneys [...]

Dec 12/06/2016

What is the “Plain View” Exception and How Does It Apply In Minnesota?

2016-12-06T19:58:18+00:00December 6, 2016|Criminal Defense, Federal Crimes Defense|

Plain View Exception to the Fourth Amendment: A General Discussion Generally, the Fourth Amendment to the United States Constitution and Article I, Section 10 of the Minnesota Constitution require police to attain probable cause and a warrant before a search of property or seizure of a person will be deemed reasonable and legal. A search or [...]

Oct 10/31/2016

Minnesota Supreme Court: BB Gun Not a “Firearm”

2016-11-20T19:57:43+00:00October 31, 2016|Criminal Defense, Gun Rights|

Can a Felon Possess a BB Gun Under Minnesota Statute § 609.165? On October 19, 2016, the Minnesota Supreme Court addressed the question: "whether an air-powered BB gun is a 'firearm' under the felon-in-possession statute, Minn. Stat. § 609.165 (2014)." The statute makes it a crime for a person with a prior felony conviction to possess a [...]

Oct 10/04/2016

Pre-Conviction DNA Testing—Is it Legal?

2016-11-20T19:57:43+00:00October 4, 2016|Criminal Defense|

Pre-Conviction DNA Testing On October 13th, the Minnesota Supreme Court will review State v. Emerson where the Dakota County district court prevented a sheriff from collecting a DNA sample from a person charged with second-degree assault with a dangerous weapon where the trial resulted in a hung jury and he was not convicted of the crime. The [...]

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