Daniel Decker was convicted of fifth-degree criminal sexual conduct and indecent exposure for sending a picture of his genitals to a minor via Facebook Messenger. In relevant part, fifth-degree criminal sexual conduct requires: The defendant engaged in lewd exhibition of the genitals. The defendant's act took place in the presence of a Minor. The defendant [...]
Sieben & Cotter, PLLC is proud to announce that both partners, Thomas Sieben and Patrick Cotter, were recognized as Minnesota Super Lawyers 2018 Super Lawyers® recognizes outstanding lawyers, who have attained a high-degree of peer recognition and professional achievement, from more than 70 practice areas. The rigorous selection process is multi-phased including independent research, as [...]
Spreigl Evidence: The Basics 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 [...]
The attorneys at Sieben & Cotter have been hard at work defending clients charged with sexual assault and related offenses. Over the last several months our firm has achieved favorable results for our clients, with many more still pending at various stages in the criminal justice system. Below are six recent cases ranging from an [...]
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 [...]
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 [...]
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 [...]
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 [...]
By now, you are probably aware of the recent allegations of sexual misconduct against well-known actor and comedian, Aziz Ansari. If not, you can find a link to the original article HERE. Since that original article published in babe there has been much debate as to whether Mr. Ansari committed sexual assault [...]
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 [...]
Charges: 1st Degree Murder [...]
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. [...]
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 [...]
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 [...]
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 [...]
