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), [...]
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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