What is a Geofence Warrant and Why is it Important?
Where technology has evolved, individuals are not just traveling with everything at the push of a button, but they are also carrying the ability to track their location with them. When a person carries a cell phone, it pings off the different cell phone towers that it accesses as it moves. So, with some expertise
Misdemeanor vs. Felony – Levels of Crimes in Minnesota
A common question we get from our clients and family/friends is: what is the difference between a misdemeanor vs. felony? To understand this, we will go over the full list of levels of crimes in Minnesota, starting with a type of conviction that is technically not a crime. The Difference Between a Misdemeanor vs. Felony
The Odor of Marijuana Alone May Not Justify Vehicle Search
The Supreme Court recently issued a critical decision that will have wide-ranging impact that coincides with the new legalization of marijuana. As outlined previously in this blog, the Court of Appeals ruled that the mere odor of marijuana – without any other circumstances to point to possible criminal activity – may not justify the search
Felon’s Right to Vote Restored Sooner with New Minnesota Law Change
One of the most significant collateral consequences to a felony conviction is the loss of civil rights. The primary civil rights in play are the person’s firearm rights and, most importantly, the right to vote. For the latter, a felon’s right to vote is automatically restored, but now that restoration will occur sooner. To begin
Odor of Marijuana May Not Justify a Vehicle Search – Under Certain Circumstances
As the world slowly but surely progresses to an era when marijuana will be legalized by every State, the courts are lagging behind, as usual. The courts have always been slow in responding to the evolution of things, such as trying to figure out the legality of searches related to electronics. This same issue is
What is constructive possession of drugs?
Drug possession – even marijuana (for now) – is still a very serious crime in Minnesota, with most being felony level offenses. There are two types of possession that the State can pursue when charging you with a drug possession crime: actual possession or constructive possession. The first is rather straightforward, while the second can
Fleeing Police in a Vehicle – License Revocation Consequences
Fleeing police in a vehicle is a felony offense, with varying levels of severity based upon the circumstances and result of the fleeing conduct. Possible prison, significant fines, and restitution are all serious consequences that are the primary focus of any defendant facing a fleeing police in a vehicle charge. But, a collateral consequence can
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
Violating an Order for Protection Crime – Minnesota
A civil order preventing someone from having any direct or indirect contact with another party can lead to criminal charges if it is violated. One of the most common no contact orders in Minnesota is an Order for Protection. Under Minnesota’s Domestic Abuse Act (Minn. Ch. 518B.01), an Order for Protection is issued when an
Solicitation of a Minor – Minnesota Felony Crime
With our world continuing to get more online, law enforcement is ramping up more creative efforts to combat the growing spread of solicitation of a minor crimes. There are two primary forms for the solicitation of a minor charges in Minnesota, both of which are felonies and carry significant criminal and collateral consequences. It is