First of all, is texting while driving illegal? Yes. According to Minnesota Statute §169.475 Subd. 2 when a vehicle is in motion or part of traffic, the person operating the vehicle upon a street or highway is prohibited from using a wireless communications device to compose, send, or read an electronic message. In addition to texting, drivers are prohibited from...
The outbreak of COVID-19 has changed everyday life in many ways. Both federal and state governments have released guidelines and orders to help slow the outbreak of the Coronavirus. Although there isn’t a federal requirement to wear masks in public, some state governments and businesses have required citizens and patrons to use face masks. Has the Federal Government Required the...
The Juvenile Justice System covers children under the age of 18 in Minnesota. Unlike adult courts, juvenile proceedings are civil proceedings so that the child is protected from the consequences of his or her own conduct. The goal of the Juvenile Justice System is to help children develop responsibility for their unlawful behavior and rehabilitate them. The state statute that...
Vehicle forfeiture occurs when a vehicle is used to commit a criminal act, such as driving while intoxicated (DWI). According to Minnesota Statute § 169A.63, in certain DWI cases, the police have the authority to seize and forfeit the vehicle used to commit the criminal act. If the owner does not recover their vehicle, the police have the right to...
Can the government force you to stay at home under an executive order? Yes, both federal and state governments have the power to enforce social isolation and self-quarantine, effectively limiting citizens to their homes. While this effort is meant to protect the public from those who have contracted a disease, the power can even extend to those who are not...
In Minnesota, Criminal Sexual Conduct statutes are long and have many subdivisions. Click on the hyperlinks on our website to see the specific statute’s language and related blogs. For 2nd Degree and 4th Degree Criminal Sexual Conduct, sexual contact can mean different things. Trying to understand what actions fall under the definition of “sexual contact” can be confusing, which is...
On March 16, 2020 the Minnesota Court of Appeals decided a case regarding Minnesota Statute section 609.324, subdivision 2(2) (2018). A person violates this statue only if, while in a public place, the person hires, offers to hire, or agrees to hire another person to engage in sexual penetration or sexual contact. The case1 was brought to the Minnesota Court...
In Minnesota, Criminal Sexual Conduct statutes are long and have many subdivisions. Click on the hyperlinks on our website to see the specific statute’s language and related blogs. If an accused person commits any of the following acts without the accuser’s consent, whether or not the emission of semen occurs, the accused person has engaged in “sexual penetration:” Sexual intercourse,...
In Minnesota, Criminal Sexual Conduct statutes are long and have many subdivisions. Click on the hyperlinks on our website to see the specific statute’s language and related blogs. A “current or recent position of authority” includes but is not limited to: Any person who is a parent. Any person acting in the place of a parent and charged with or...
The Minnesota Second Chance Coalition held its annual rally at the state capitol in St. Paul, Minnesota, on February 19, 2020. The Minnesota Second Chance Coalition is calling for changes in Minnesota’s criminal justice system and is optimistic that some of the proposals they are promoting will become laws this year. One of those proposals is to stop suspending drivers’...
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