Whiskey plates are the scarlet letters of DWIs. Minnesota is one of only two states that require special registration plates (whiskey plates) after a DWI—the other state is Ohio. The Minnesota legislature passed a new law on July 1, 2021, that says you can remove whiskey plates IF you get ignition interlock in your vehicle. Ignition interlock is a machine...
What is a Pardon? A pardon allows a person to be relieved of some, or all, of the legal consequences resulting from a criminal conviction. Pardons grant clemency and mercy to those that have demonstrated their subsequent rehabilitation. In Minnesota, fewer than a third of the pardon applications the Board of Pardons considers each year is granted, largely because unanimous...
Disorderly conduct is a misdemeanor offence frequently charged alongside many other offences, such as assault, unlawful assembly, or domestic assault. But what exactly is disorderly conduct? Minnesota Statue 609.72 criminalizes and defines disorderly conduct: “Whoever does any of the following in a public or private place, including on a school bus, knowing or having reasonable grounds to know that it...
Let’s start with theft. Minnesota Statute 609.52 details various types of theft. One of the most common “thefts” is laid out in Subdivision 2(a)(1) which states: whoever “intentionally and without claim of right takes, uses, transfers, conceals, or retains possession of movable property of another without the other’s consent and with intent to deprive the owner permanently of possession of the property” has committed a theft.
Every year the Minnesota Fire Marshal reports dozens of firework injuries from all age groups. While injury is always a risk with using fireworks, many people may not realize they are also risking criminal penalties when they light off fireworks at their annual block party. If you purchase, possess, or use fireworks illegally, you could be subject to up to...
An expert witness may be presented by the State or the Defense in a criminal trial. This witness is deemed an “expert” by the Judge, which allows this witness to give opinions or other testimony in any area of scientific, technical, or specialized knowledge. This scientific, technical, or specialized knowledge testimony or opinion must be such that it could assist...
If you recently bought a new iPhone, you probably use Face ID to unlock your phone. Did you know that law enforcement agencies across the country have started using similar software to find suspects of crimes, even if they have no prior criminal history? How does it work and what are some existing issues? Law enforcement agencies utilize facial recognition...
Is “I made a mistake” a defense to a criminal charge? As always with legal questions: it depends. If the definition of a crime requires you to think a certain way or believe certain facts, an honest mistake can sometimes serve as a defense. Let’s use the crime of theft as an example. Minnesota Statute 609.52 criminalizes various types of...
Following Derek Chauvin’s verdicts, Judge Cahill addressed the issue of sentencing. Judge Cahill ordered that each side would be given time to file arguments regarding Blakely issues. This statement by Judge Cahill may have left you scratching your head and wondering “who is Blakely and what is a Blakely motion?” To properly answer a question regarding “Blakely,” you first must...
In a criminal trial, at the conclusion of the evidence, the State may make a closing argument to the jury first. Then, the Defense may make their closing argument to the jury second. After both have given their main closing arguments, the State has another chance to add on to their initial argument by rebutting anything the Defense may have...
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