You ever have a discussion with a lawyer and hear the words “reasonable suspicion” and “probable cause”? I am sure this left you wondering what exactly does “reasonable suspicion” or “probable cause” even mean? This is a common question, especially in the DWI/DUI context. Both reasonable suspicion and probable cause are used—sometimes interchangeably—when referring to a DWI. However, there is...
There are three levels of DWI in Minnesota—misdemeanor, gross misdemeanor, and felony. How is the level of a DWI determined? Typically, a first-time DWI in Minnesota is classified as a misdemeanor—which means up to 90 days in jail. A second or third offense in 10 years is typically a gross misdemeanor—which means up to one year in jail. However, there...
If someone says you are persuasive, you would probably take that as a compliment, right? The power of persuasion is often highly valued, especially in the legal field. But if someone says you are being coercive, this is less complimentary. In fact, coercion is a crime in Minnesota. Minnesota Statute § 609.27 defines the crime of coercion. Coercion is an...
Did you know that Minnesota has a statute that makes it a crime to distribute private sexual images of another person without their consent? This statute, § 617.261, was under review by the Minnesota Supreme Court when a woman’s boyfriend put her sex tape with another man on the internet as a form of revenge (State v. Casillas). The boyfriend...
If you have received a stay of adjudication and are confused as to what that means, here is an explanation. A stay of adjudication means you have entered a guilty plea, but that plea has not been entered into the record. Think of this as your guilty plea being placed on a shelf for the time being. Thus, there is...
In Minnesota, the ability to carry a handgun in your vehicle depends on whether or not you have a permit to carry and how the handgun is transported. No Permit If you do not have a permit to carry, you cannot carry a loaded handgun in your vehicle. In order to transport a handgun in your vehicle without a permit,...
Under Minnesota law, certain individuals are barred from possessing a firearm. Included in the list of ineligible possessors are those convicted of a crime of violence. A conviction of a crime of violence carries with it a lifetime firearm ban. For more information on what constitutes a crime of violence, see our blog “What Are ‘Crimes of Violence’ in Minnesota”....
Do you travel frequently between the United States and other countries? If so, you may have heard of or may even be a member of a program called Global Entry. If you are a member or thinking of applying to become a member, it is important to know what affect a criminal conviction will have on your membership or application....
Have you ever been stopped by a police officer? Was it a brief conversation? Did you feel uncomfortable? Did you believe that the police officer had no right to stop you? Well, at times, you would be correct. It is not unconstitutional for a police officer to come up and speak to you. However, while it is unconstitutional for a...
Hennepin County Attorney Mike Freeman announced a new list of offenses – 19 total – for which they will no longer request bail. Bail is a financial obligation that is due prior to release from custody to ensure compliance with release while a case is pending. You typically get this money back when the case is resolved if you pay...
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