Enhancement is a Moot Issue for DWI Expungement Purposes
For individuals trying for a DWI expungement (or to expunge assault-type records, there is one argument that the State loves to emphasize – the record is enhanceable (if the conviction is not more than ten years old) and sealing it would prevent the State from being able to use for future possible crimes. This argument
Flipping the Bird to Cops – Not a Basis for the Cop to Stop You (Federal Court Decision)
Let’s be honest. How many times have we wanted to flip the bird to a cop after pulling us over for a mundane traffic violation? Countless? Maybe just a couple? Either way, it’s probably crossed our minds when we think the minor infraction is hardly worthy of the cops attention. Now the question is –
SCOTUS Opinion – Warrant Required to Get Cell Phone Tower Records
In a surprising decision in Carpenter v. U.S., the Supreme Court of the United States (SCOTUS) ruled that law enforcement must have a warrant in order to seek historical cell phone tower records that can accurately identify the location of a person based upon the tower their cell phone was using at the time. These cell phone
Carrying While Under the Influence
In Minnesota, it is illegal to be carrying while under the influence of alcohol or controlled substances. The offense can be either a misdemeanor or gross misdemeanor, requiring possible jail and/or a heavy fine, not to mention revocation of the person’s right to carry. Under Minn. Stat. 624.7142, the carrying while under the influence charge
Expungement Waiting Period – How It Applies, according to the Court of Appeals
Just this past late-spring, the Court of Appeals issued a ruling that summarily approved of a lower court decision in which the expungement waiting period was applied from the date of discharge going forward 2-, 4-, or 5-years. There was no analysis of the lower court’s decision, though, which left an opening for petitioners to
Drug Detection Dog Search in a Secured Apartment Building – Get a Warrant!
This week, the Minnesota Court of Appeals issued an important decision, pulling back the expanding usage of drug detection dogs for searches of controlled substances. In State v. Edstrom, the Court of Appeals held that law enforcement must get a warrant (or have an exception to the warrant requirement) in order to use a drug detection dog
Underage DWI Expungement – Court of Appeals Decision
As we’ve discussed on our website and previous blog posts, DWI expungements are difficult to attain. The same could be said for an underage DWI expungement, a conviction that should be treated completely different. In a recent decision, State v. R.P.C., the Court of Appeals reversed a denial of an underage DWI expungement petition, finding
Evidence at Restitution Hearings
A common part of sentencing is restitution – which is supposed to repay any victim the out of pocket losses they sustained as a result of the crime. As you can probably imagine, restitution requests can lead to a lot of issues, particularly when the victim gets a bit greedy. In such an instance, the
Expungement Waiting Period – Court of Appeals’ Decision
One of the ambiguities that surrounded the new law after its change in 2015 was how the expungement waiting period applied. The law provides that a petitioner must be crime free for a period of 1-, 2-, 4-, or 5-years “since discharge” of the offense (essentially, after discharge from probation). The debate was whether this
Stay of Imposition is considered a Felony – Supreme Court Decision (UPDATE)
The biggest uncertainty following the release of the new expungement in 2015 was – how would courts treat stays of imposition, in which a felony conviction is later deemed a misdemeanor upon successful completion of probation? Is it a misdemeanor, which would make all such convictions eligible for an expungement after 2 years? Or is