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A new federal rule designed to strengthen the enforcement of gun serial number requirements has been enacted
Minnesota Legislature Passes New Sexual Assault Laws for 2021
Third-Degree Murder Conviction Overturned by Minnesota Supreme Court
Voluntary Intoxication Defense
Using Voluntary Intoxication as a Defense to Minnesota Criminal Charges
Physical control cases are often based on several factors
Minnesota Legislative Committees Considering DWI Forfeiture Reform Bill
Minnesota Supreme Court Finds ‘Revenge Porn’ Law Constitutional
Incarceration in Minnesota prisons during COVID-19
Problems and Possibilities of a Forfeiture Due to Driving While Intoxicated
Due Process Protection Act - Prosecutors now required to ‘Show Their Cards’ to Federal Defendants
COVID-19 and Domestic Violence
Concerns about a potential uptick in domestic abuse during COVID-19
A Jurist of ‘Historic Stature’ Remembered
Topless Sunbathing in Minneapolis
Is Topless Sunbathing in Minneapolis ‘Indecent Conduct?’
Coercion Statute Unconstitutional
Minnesota Supreme Court Strikes Down Part of Criminal Coercion Law as Unconstitutional
The Center Console and Minnesota Law
Is the Center Console of Your Vehicle A “Public Place” Under Minnesota Law?
Drug Courts - Using the Justice System to Combat Addiction and Promote Recovery
Cleaning Up Your Record – Expungements In Minnesota Part I
Last Resort to Clear A Criminal Conviction in Minnesota
What’s Legal (and Illegal) Under Minnesota’s Stay-At-Home Law?
Court Dates During a Pandemic – Do I need to go?
Felony Sentencing in Minnesota – Part III: Mandatory and Presumptive Sentences
Felony Sentencing in Minnesota – Part II: Sentencing Guidelines and Repeat Offenders
Felony Sentencing in Minnesota – Part I: Indeterminate vs. Determinate Sentencing
Revenge Porn Law Declared Unconstitutional
Minnesota Court of Appeals overturned a state law regarding revenge porn.
Breath Tests Prove Unreliable in Certain Circumstances
New York Times investigative article finds that across the country breath tests for DWI are often unreliable. Does this include Minnesota?
DWI Test Refusal – New Post-Conviction Rules
Minnesota Supreme Court announces special rules for post-conviction cases involving criminal DWI Test Refusal.
Minnesota Supreme Court suppresses evidence found in forced body cavity search
Invasive bodily searches and the constitutional rights to dignity, personal privacy and bodily integrity.
Minnesota Laws on Bail and Pre Trial Release
Bail - The constitutional right to post bail and secure release from custody prior to trial and possible conditions.
Marital Rape Exception - Governor signs bill to repeal 'marital rape exception.'
Prior to this change of law in Minnesota the statutory definition of rape specifically excluded spouses. Now they may be included.
Miranda Warning – Anything you say can and will be used against you.
Miranda rights protect individuals from compelling them to incriminate themselves with statements that can and will be used against them.
Medical Marijuana Use After A Criminal Conviction
The DOC no longer considers possession and use of medical marijuana a violation of parole or supervised release conditions.
Do police need a search warrant to access biometric data to unlock your smart phone?
If your smart device has this type of security the police may request access to your device but are you required to provide it?
Court’s expansion of “attempt” vexes criminal lawyers
A recent Minnesota (MN) Court of Appeals opinion appears to have expanded the scope of what constitutes attempt in the context of sex crimes, causing frustration among MN law firms.
If you’re stopped for DWI or DUI over the holidays, an experienced criminal lawyer can help
Every year, from the Wednesday before Thanksgiving to New Year’s Day, Minnesota and Wisconsin see a surge in DWI and DUI arrests. As a consequence, criminal lawyers work even harder to protect the rights of folks who are facing impaired driving charges.
The long reach of #metoo in Minnesota
Since the 1980s, the amount of time within which prosecutors must charge someone with a criminal sexual conduct offense has increased several times. This means that today, allegations about a long-forgotten incident can be made years later, which can complicate a defense lawyer’s job.
Explaining ‘probable cause’ in Minnesota
In Minnesota, a police officer must have probable cause to search you or arrest you. So, arguing over whether probable cause existed is a big deal for criminal defense lawyers in the Land of 10,000 Lakes.
The erosion of double jeopardy
The “dual sovereignty” doctrine and increasing overlap among state and federal law increases the likelihood that a Minnesota criminal defendant could be charged twice for the same crime.
DOJ files criminal charges against only African American FBI agent in Minnesota. Attorneys say that the agent allegedly leaked “secret documents” to a national news reporter. The charges come amid a government crackdown on leaks.
Shamrocks, leprechauns, shillelaghs. Beer, whiskey and… DWIs. Like other places in the U.S., drinking and St. Patrick’s Day go hand in hand in the North Star State. Unfortunately, so do drunk driving arrests.
Last year, the Minnesota State Patrol reported that law enforcement arrested 175 drunk drivers in a period of less than 15 hours
First your finger, is your face next?
Is your smartphone safe from law enforcement?
In the United States’ first major criminal law decision involving smartphones and personal rights, Minnesota’s highest court says that law enforcement officers have the right to make you unlock your phone in the event you have fingerprint identification activation on.
When it comes to face-recognition technology, law enforcement may soon require citizens to look at their phone in order to unlock its contents, though a memorized passcode might still give smartphone owners protection.