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. [...]
Accuracy of Minnesota’s DWI Breath Test Machines under Recent Attack In Minnesota, breath tests are the most common tests offered by law enforcement in a DWI arrest. But they are not the most accurate. Science has long shown that blood or urine testing for blood-alcohol content (BAC) produces much more accurate results. Thousands of people who are [...]
Blood Draw Search Warrants What Evidence Can Authorities Search Your Blood For in the Context of Criminal Vehicular Operation? A recent Minnesota Supreme Court decision, State v. Fawcett, No. A15-0938, (Minn. Aug. 24, 2016), held that probable cause supported the search of Defendant’s blood and the search permitted testing for [...]
MN’s Solicitation of a Minor Statute — Unconstitutional The two portions of Minnesota Statute § 609.352 SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL CONDUCT that have come under recent attack in that courts are subdivision 2a (electronic communications) and subdivision 3 (defenses). The subdivisions state: Subd. 2a. Electronic [...]
Minnesota's New Drug Sentencing Laws After a long battle in the legislature, many sentencing guidelines are being reduced for first and second degree possession offenses, while reserving the more severe punishment for high-level drug dealers, or violent offenders. The following is a brief overview of the changes that took effect [...]
Top Reasons to Hire a Criminal Defense Attorney We know the law and the legal process A criminal defense attorney has spent years studying the law, and is intimately familiar with the criminal-law landscape. In every criminal case, there are mountains of court documents, deadlines, and precise legal procedures. Sorting through and tracking these are time-consuming and [...]
Acquittals, Convictions and Everything In Between: Understand What the Disposition of Your Case Means for You Understanding the outcome of your case is very important because of the lasting impacts that it can have on your life. Below we will discuss the terminology associated with the various case dispositions, as well as, the consequences that [...]
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If You Have Been Charged with Second Degree Assault: What Does It Mean and What Are Your Next Steps? What Does 2nd Degree Assault Mean? Second Degree Assault is a felony-level offense defined under Minnesota Statute Section 609.222. The maximum prison time that you face (7-10 years) depends on the level [...]
Understanding Your Gun Rights: Ways to Lose Them and How to Get Them Back Losing Your Gun Rights and Penalties: Minnesota Statute § 624.713 describes persons who are not eligible to possess a firearm. Depending on your circumstances the restriction may be temporary or a lifetime ban, subject to the restoration [...]
Senate Proposal Seeks Major Drug-Law Overhaul On Friday, May 6, 2016, Sen. Ron Latz, DFL - St. Louis Park gained momentous bipartisan support when the Minnesota Chiefs of Police Association, the Minnesota Sheriffs Association and the Minnesota Police and Peace Officers Association signed off on the final compromise to his proposed-drug-reform package, Senate File 3481. [...]
Two Ways to Commit Assault In Minnesota include Assault-Harm and Assault-FearDid you know that you can be convicted of Assault in Minnesota without ever making physical contact or causing harm to another? It’s true!Assault-Harm and Assault-FearThere are two forms of assault under Minnesota law. The first is “the intentional infliction of or [...]
Got Marijuana? It’s the State’s Burden to Prove It Under Minnesota law, all offenses involving the sale or possession of Marijuana are FELONY level offense. This is except for a small amount of Marijuana, defined at 42.5 grams or less. The amount of prison time you face depends on the amount of Marijuana sold or [...]
MN’s Prostitution Laws: The Penalties for Buying, Selling and Promoting Sex Prostitution is illegal in Minnesota. The state laws range from the most serious offense of Sex Trafficking in the First Degree to the least of simply soliciting an adult prostitute. Whether you are arrested and charged for the most serious, [...]
Mandatory Minimum Sentences for Controlled Substance Crimes Since, the early 1990’s and in response to the nationwide “War on Drugs” Minnesota has taken a drastic approach in amending the criminal penalties for controlled-substance crimes. This approach has resulted in more strict and harsh penalties for those convicted of these crimes, and [...]
