Veterans Criminal Defense – Deferred Prosecution Law
Veterans are among the most selfless individuals in our community. They give up everything in order to serve and protect us. In doing so, unfortunately, it often comes with physical and mental health injuries. For the latter, it is not uncommon that the mental health issues are long-lasting and can be a significant factor for
Threats of Violence Reckless Disregard – Defined
The threats of violence crime – formerly known as terroristic threats – is a serious felony level offense that includes a broad definition. That broad definition has led to plenty of litigation over the years on whether alleged misconduct falls within the broad scope of the statute. This has caused appellate courts to define the
Conditional Release Violation – Case Law Update
If you are arrested for a crime in Minnesota, it is likely that you will be placed on bail or release conditions. The release conditions can be quite simple – to remain law abiding and make all future court appearances. However, sometimes the Court may require you to abstain from alcohol or drugs, to participate
Confessions Must Be Corroborated By Independent Evidence To Prove the Crime
The Minnesota Supreme Court just issued a ruling (State v. Holl, A19-1464) relating to the corpus delicti rule of law, in which a confession to a crime must be accompanied by some other evidence to result in a conviction. The idea is that criminal confessions must be corroborated in order to ensure the confessed-to crime
Minnesota’s Revenge Porn Law Upheld by Supreme Court
A little more than a year ago, the Minnesota Court of Appeals issued a significant ruling when it found that Minnesota’s revenge porn law (more formally known as nonconsensual dissemination of private sexual images) was unconstitutionally overbroad and, therefore, the statute was unenforceable. A year later (and this past December), the Minnesota Supreme Court weighed
Failing to Yield to an Emergency Vehicle Ticket – Minnesota
In the hierarchy of traffic tickets, failing to yield to an emergency vehicle is one of the more serious offenses. Most of the time, it’s a simple petty misdemeanor offense (which is not considered a crime under Minnesota law). But, sometimes, it can be a misdemeanor crime. And with it can come some serious criminal
DWI Aggravating Factors – Supreme Court Clarification
The severity of a DWI in Minnesota depends on the number of aggravating factors, if any. If there are none, the DWI is a misdemeanor offense, with no statutory sentencing requirements. If one or more DWI aggravating factors are present, the DWI can be either a gross misdemeanor or felony. The Minnesota Supreme Court just
Minnesota’s Revenge Porn Law Ruled Unconstitutional
UPDATE: The Minnesota Supreme Court reversed this decision and upheld the statute as being constitutional. Read our latest blog on the Supreme Court’s decision here. In December 2019, the Court of Appeals struck down Minnesota’s revenge porn law that made it illegal to “intentionally disseminate an image of another person who is depicted in a
Lying to Police is not Obstruction of Legal Process in Minnesota
Obstruction of legal process in Minnesota is a very serious charge, but it also can be overcharged by cops that are inpatient or simply out to get a defendant. One way in which we have seen it overcharged is when a defendant is not cooperating or lying to police during the course of an investigation.
Restitution in Minnesota – Direct Causation Required
Over the past few decades, the criminal justice system has endured a massive change in its treatment of alleged crime victims and offenders. Those accused of committing crimes have been subject to increasingly punitive outcomes, both in law and public opinion. This retributive justice approach has only very recently started to come under scrutiny, but