Is there a difference between DWI and DUI?
DWI means “Driving While Intoxicated.” DUI means “Driving Under the Influence.” These can have different meanings in other states, but in Minnesota these terms are essentially the same.
Refusing Field Sobriety Tests or Portable Breath Test?
If an officer has a reasonable, articulable suspicion that you have committed a DWI they may order you out of your vehicle, and ask you to conduct FSTs, and/or a PBT. These four roadside tests include, (1) Horizontal Gaze Nystagmus, (2) one-leg stand, (3) walk-and-turn, and (4) portable breath test. It is important to understand that [...]
Misdemeanor, gross misdemeanor, and felony
There are four levels of offenses in Minnesota. A petty misdemeanor is not a crime, and usually involves some sort of fine but does not include jail time. Felonies, Gross Misdemeanors, and Misdemeanors are crimes, with Felonies carry the most severe penalties, and Misdemeanors carrying the least severe penalties. Category: Petty Misdemeanor Maximum Sanction: Fine of [...]
What is an enhanceable offense?
In Minnesota, certain offenses are enhanceable meaning that specific factors can increase the severity level of an offense. Meaning of an aggravating factor is present then the offense severity could increase from a misdemeanor to a gross-misdemeanor, or from a gross-misdemeanor to a felony. Below is a table of examples of enhanceable offenses in Minnesota. Driving [...]
What happens after being arrested?
After you are arrested you will first be booked. During the booking process, law enforcement will ask you basic background information (name, date of birth, address, etc.), and fingerprint and photograph you. If you are held in custody after your arrest you will then go in front of a Judge to determine whether or not bail [...]
Do I have a right to go to trial?
All persons charged with a crime in Minnesota are entitled to a trial. If the offense is punishable by incarceration (misdemeanor to Felony) then you have a right to a jury trial. If the offense is not punishable by incarceration (petty misdemeanor) you have a right to a court trial. A jury trial will be held [...]
Terms: Burden of proof; Beyond a reasonable doubt
I keep hearing “burden of proof” and “beyond a reasonable doubt” but what do these terms mean? Burden of proof can define the duty placed upon a party to prove or disprove a disputed fact, or it can define which party bears this burden. In criminal cases, the burden of proof is placed on the [...]
What is a Plea Bargain?
A plea bargain is an agreement in a criminal case between the defendant and the prosecutor where the defendant agrees to plead guilty to a particular charge in exchange for some concessions by the prosecutor. These agreements are usually negotiated before trial, and in many situations the guilty plea is for a lesser charge than originally [...]
What is Criminal Sexual Conduct?
Minnesota classifies all crimes that are sexual in nature into five categories. The categories range from 1st degree through 5th degree with 1st degree being the most serious and 5th degree least serious. In general, 1st and 3rd degree applies to sexual conduct involving sexual penetration of the victim. 2nd, 4th, and 5th degree sexual conduct [...]
Do I have to register as a Predatory Offender?
Any person convicted of a 1st, 2nd, 3rd, or 4th Degree Criminal-Sexual-Conduct crime must register as a Predatory Offender for a minimum of 10 years and a maximum of lifetime registration. In addition, certain acts under 5th Degree Criminal Sexual Conduct, Criminal Sexual Predatory Conduct, and Indecent Exposure can result in you being required to register [...]
What if I didn’t even hit anyone? Is that still an assault?
In Minnesota, an assault can be committed by hitting someone, or even attempting to hit someone, meaning physical contact or injury to the victim are not required. All that is required is a person’s intent to inflict injury, or cause fear of injury on the victim. With that being said, there are a number of factors [...]
What is domestic assault and how is it different?
Domestic assault involves the same or similar conduct as the other forms of assault under Minnesota law, but only differs from those offenses because it only applies to certain family or household members. Different from assault, an individual may also be charged with domestic assault by strangulation, a felony level offense.
What is the difference between State and Federal Jurisdiction?
Jurisdiction refers to a courts authority to hear and decide a case. Minnesota state courts have general jurisdiction to hear all cases that are in violation of the Minnesota Constitution, and any state laws as long as the violation happened within the state. Federal courts have limited jurisdiction to hear cases involving violations of the U.S. [...]
Can I be charged in both State and Federal Courts?
Yes it is possible. The dual sovereignty doctrine provides that “when a defendant in a single act violates the 'peace and dignity' of two sovereigns by breaking the laws of each, he has committed two distinct 'offenses' for double jeopardy purposes.” This means that if your conduct violated both state and federal laws you can be [...]
Is sentencing the same in both State and Federal Courts?
No. Federal courts sentence according to federal sentencing guidelines. Minnesota is somewhat unique in that we have created our own set of sentencing guidelines for our state courts. These guidelines are not mandatory, but they advise judges on a recommended sentence range based upon the specific circumstances of your offense. They take into account the specific [...]