MN House Approves Major Changes to Sex Crimes Statutes

Earlier this week the Minnesota House of Representatives approved major public safety bill aimed at closing several sexual assault loopholes.  The three major changes to Minnesota's Criminal Sexual Conduct statutes include: Making it illegal for peace officers to have sex with anyone in custody or anyone who “does not reasonably feel free to leave the [...]

2018-05-31T15:52:24+00:00May 3, 2018|Sex Crimes|

Drug Conspiracy — Am I a Co-Conspirator?

Drug Conspiracy Elements A drug conspiracy have two central requirements: two or more persons agreed to commit the crimes of either: (a) drug distribution or (b) drug possession with the intent to distribute;  AND the person knowingly and voluntarily joined the conspiracy intending to help advance or achieve its goal. Agreement In regard to an agreement, [...]

2018-05-31T15:53:12+00:00April 27, 2018|Drug Crimes, Federal Drug Conspiracy|

Acquittal: Jury Finds Client Accused of Rape Not Guilty!

Charges: 3rd Degree Criminal Sexual Conduct Nonconsensual and use of Force or Coercion Maximum Penalty:  15 years Imprisonment 5th Degree Criminal Sexual Conduct Nonconsensual Sexual Contact Maximum Penalty: Up to One year imprisonment Jury Verdict: Not Guilty 3rd Degree Criminal Sexual Conduct Not Guilty 5th Degree Criminal Sexual Conduct [...]

2018-05-25T22:18:48+00:00April 2, 2018|Acquittal|

Dakota County Community Accountability Program

In the early 1990's the Minnesota Legislature required County Attorneys to develop a program designed to divert adult criminal offenders away from the criminal justice system prior to a conviction. These are commonly called "diversion programs." The overarching goal of these programs is to allow the offender right their wrong, so to speak, and learn [...]

2018-05-25T22:18:48+00:00February 14, 2018|Local News|

Aggravated Assault: The Basics

What is an Assault? The basic definition of an assault is that you either: (1) touched someone with the intent to cause them "bodily harm" (physical harm) or fear of  bodily harm; or (2)committed an act with the intent to cause fear of bodily harm.  Importantly, no actual contact between the actor and the [...]

2018-05-25T22:18:48+00:00January 11, 2018|Assault Charges|

Reports of Sexual Misconduct Are Making Headlines – When Does the Conduct Become Criminal

Sexual Misconduct in the News If you’ve watched the news in the last few months then you’ve heard about a celebrity accused of sexual misconduct.  The recent fallout began with accusations against Harvey Weinstein (Hollywood Producer) and most recently against Matt Lauer (NBC News Anchor). Other celebrity figures include Kevin Spacey (Actor), Louis C.K. [...]

2018-05-25T22:18:49+00:00November 29, 2017|Criminal Sexual Conduct, Sex Crimes|

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

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 [...]

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

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

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 [...]

Patrick Cotter Recertified as Criminal Law Specialist

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 [...]

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

Super Lawyers 2017

Super Lawyers recognizes Tom Sieben and Patrick Cotter in 2017 Super Lawyers magazine has recognized both Tom Sieben and Patrick Cotter: each has been selected for inclusion in the 2017 Minnesota Super Lawyers list. The attorneys at Sieben & Cotter, PLLC have been recognized by Super Lawyers on either the Super Lawyers or Rising Star list [...]

2018-05-25T22:18:49+00:00July 18, 2017|Attorney News, Super Lawyers|

Sex Crimes Defense Attorney In Minnesota

A Thorough Defense Investigation is Critical Most of the time when someone is charged with this type of crime "consent" is a central issue.  Often times there is very little evidence involved, and a victim's allegation alone, without corroboration, is enough to charge you.  Further, law enforcements' investigations never tell the full and complete story.  The Government [...]

2018-05-25T22:18:49+00:00April 24, 2017|Criminal Sexual Conduct|

Who Can Consent to Sex?

What is the Age of Consent in Minnesota? While the question is simple, the answer is a bit more complicated.  Generally, a person must be at least 16-years old to consent to sex in Minnesota.  However, there are a number of factors that could raise the age to 18-years —described below.  The only certainty is that [...]

2018-05-25T22:18:49+00:00March 9, 2017|Criminal Sexual Conduct|

Sexual Consent vs. Incapacity

What Does "Consent" Mean? Consent is one of the most controversial and highly contested issues under Minnesota's sex crimes.  Minnesota Statute Section 609.341, subdivision 4 (a) & (b), defines "Consent" as: words or overt actions by a person indicating a freely given present agreement to perform a particular sexual act with the actor. Consent does not [...]

2018-05-25T22:18:49+00:00February 24, 2017|Sex Crimes|
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