CVO – Defining ‘Operation’
Criminal vehicular operation (CVO) is a charge with steep and long-lasting consequences. Central to a CVO is that the defendant was “operating” the motor vehicle. This differs than the DWI law – which has similar fact patterns – because the DWI law includes individuals that are “driving, operating, or in physical control” of the vehicle.
Speculative Arguments Cannot Be Used to Oppose Expungements
State attorneys will guard and protect criminal records at all costs – even when the record involves a resolution in the petitioner’s favor, such as an acquittal. Yes, that’s correct. State attorneys will even object to an expungement of a record in which the defendant was found not guilty by a jury of his or
Expunge DHS Records – Court of Appeals Decision
For individuals that work in a field licensed by the Department of Human Services (DHS), trying to expunge DHS records is imperative if you have a criminal record. The DHS has a list of offenses – even if unproven in a criminal case – that can disqualify an individual from continuing their career. An expungement
Expungement Appeal – Standards of Review
With the Supreme Court set to hear the big appeal on the stay of imposition issue as it relates to expungements this coming October, let’s review the applicable standards of review the Court should employ in an expungement appeal. The decision itself – i.e. whether to grant or deny an expungement petition – is reviewed
State Can Dismiss and Re-file in Bad Faith – Supreme Court Decision
Last summer, the Court of Appeals decided that it is bad faith for a prosecutor to dismiss a case, with the express intent to re-file criminal charges against the same defendant, after a Court had denied a continuance request. The Court of Appeals precluded such actions. The State appealed that decision and the Supreme Court
SCOTUS Ruling – Gun Rights Are Lost Following Domestic Assault Convictions
The Supreme Court of the United States recently ruled in Voisine v. United States that a reckless domestic assault is considered a misdemeanor crime of domestic violence. This is significant because the 1996 Lautenberg Amendment bans firearm possession for anyone convicted of a misdemeanor crime of domestic violence. The case itself is concerned with the
RIP 4th Amendment – Part 1 – Utah v. Strieff Decision
In an era where the 2nd Amendment is untouchable, the 4th Amendment is nearing extinction due to two rulings this week by the U.S. Supreme Court. Before getting into the first decision – Utah v. Strieff – let’s remind ourselves of what the 4th Amendment is supposed to protect. The Fourth Amendment, often considered one of
Theft of Motor Vehicle – Court of Appeals Decision
A person commits a theft of motor vehicle whenever that person “takes or drives a motor vehicle without the consent of the owner or an authorized agent of the owner, knowing or having reason to know that the owner or an authorized agent of the owner did not give consent.” Minn. Stat. 609.52, subd. 2(a)(17).
Stay of Imposition Expungement Update – Court of Appeals Decision
As has been discussed in this blog previously, the biggest ambiguity in the expungement law is how courts should interpret a stay of imposition expungement petition – specifically, is the conviction a felony as originally adjudicated or a misdemeanor as the record currently shows after the petitioner successfully completes probation? An incredibly thorough and well-reasoned
Self-Defense – Duty to Retreat Exists if Person is on Front Lawn
Self-defense in Minnesota is an affirmative defense against assault-based charges. Much of the analysis is tied to the reasonableness of the actions taken by the defendant and whether the defendant could have avoided the situation. But, if the defendant was in his/her house, there is no duty to retreat under the “Castle Doctrine”. A recent