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 [...]
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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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
Due Process: Title IX vs. Criminal Prosecution This article is not legal advice, but is intended to be an informative article describing the basic concept of “due process” and the difference between the Title IX and criminal processes related to sexual misconduct. Sieben and Cotter, PLLC takes no position as to [...]
Due Process: Title IX vs. Criminal Prosecution This article is not legal advice, but is intended to be an informative article describing the basic concept of “due process” and the difference between the Title IX and criminal processes related to sexual misconduct. Sieben and Cotter, PLLC takes no position as to any recent allegations in [...]
Due Process: Title IX vs. Criminal Prosecution You may have heard the term “due process” or related terms in recent news. This article is not legal advice, but is intended to be an informative article describing the basic concept of “due process” and the difference between the Title IX and criminal processes related to sexual [...]
What You Need to Know about Minnesota’s “Revenge Porn” Law On August 1, 2016, Minnesota adopted what has become known as the revenge porn law. Currently, about 34 other states have adopted similar laws. The law's nickname comes from advocates seeking to protect victims of sexual assault and those threatened with explicit photos by ex-lovers. [...]
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 [...]
Minnesota Supreme Court: BB Gun Not a Firearm 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 [...]
Minnesota Supreme Court: Warrantless Blood & Urine Testing Are Unconstitutional This morning the Minnesota Supreme Court issued their decision in two DWI cases, State v. Trahan and State v. Thompson. Both cases involved a driving while intoxicated (DWI) arrest and dealt with the issue of whether Minnesota's Test-Refusal Statue, Minn. Stat. § 169A.20, subd. 2 (2014), [...]
