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...
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...
Did you know that on Cinco de Mayo, you are celebrating the Mexican Army’s defeat over the French at the Battle of Pueblo?! In reality, Cinco De Mayo has become a day to celebrate Mexican heritage, and for many, to consume margaritas. As many of you have learned the hard way, tequila can lead to some poor decision making. After...
As the jury heads into deliberations, one cannot help but wonder what legal standard is to be applied. How do you determine what is “reasonable?” Is there only one “reasonable” standard? The standard that is applied in police use of force incidents is known as the “reasonable officer” standard. This means that officer’s actions must be evaluated from the perspective...
Many people may believe that an arrest is only legal if a police officer has a warrant to arrest the person or if the police officer sees the person commit a crime. However, this is not always the case; warrantless arrests are allowed under limited circumstances depending on the offense. For example, if the crime at issue is a misdemeanor,...
In all jury trials, the general format is the same. First, there is jury selection and then opening statements where the Prosecution goes first, and the Defense follows. After opening statements, the Prosecution presents their side of the case. This is done by calling witnesses, taking their testimony, and introducing evidence. In the death of George Floyd case, also known...
As fans of The Office will recall, Jim Halpert once attempted to convince Dwight Schrute that Marijuana is a memory loss drug, meaning it erases your memories. If Jim was telling the truth and being honest with Dwight (a big “if”, we know) then it would make sense you forgot there was marijuana in your motor vehicle. Even if marijuana...
Many people, specifically Minnesotans, recall George Floyd’s death this last May. Nearly 10 months later, the criminal trial of former Minneapolis Police officer Derek Chauvin, who is accused of causing George Floyd’s death, is underway. So, what is really going on in that trial? First, it is important to know what Mr. Chauvin has been charged with. Although the charges...
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