Generally speaking, yes. Anything that is filed through the court system is going to leave electronic records as well as copies of paper files and records in various places. The proper question to ask would be: Who can see it; and what can they see? First of all, Minnesota Court Rule 4 says that Domestic Abuse and Harassment records are...
Minnesota Court of Appeals Broadens When an Attempted Crime is Committed in Criminal Sexual Conduct Cases
The Minnesota Court of Appeals published a decision today regarding what now qualifies as a “substantial step” towards the commission of third-degree criminal sexual conduct in In State v. Wilkie, Mr. Wilkie was convicted of attempted third-degree criminal sexual conduct violation of Minn. Stat. §§ 609.17, subd. 1, .344, subd. 1(b) (2016). The factual background of the case is as...
The debate over legalizing recreational marijuana is coming to Minnesota. The Minnesota House of Representatives indicated they may take up the issue of marijuana this year, focusing on: broadening the medical marijuana program, reforming criminal justice to lessen penalties for nonviolent drug offenders, and "highly regulated" legalization of recreational use marijuana, in that order of priority. There is also potential...
I Was Pulled Over Under Suspicion For DWI And Now The Police Want Me To Do Field Sobriety Tests (FST’s) And A Preliminary Breath Test (PBT) – Do I Have To?
During an investigatory stop, an officer may order the driver (and any passengers) out of the vehicle. State v. Askerooth, 681 N.W.2d 353, 367 (Minn. 2004); Maryland v. Wilson, 519 U.S. 408, 412 (1997). They can also place you in their squad car while investigating without turning the stop into a formal arrest if the situation calls for it. State...
The short answer is it depends. If one of the following circumstances are present, your driver’s license could be revoked, suspended, or cancelled. A conviction involving an offense with any of the following circumstances will result in a revocation of your driver’s license. The revocation period will vary depending on the offense and can be found in the links provided....
Below are the top criminal law changes in Minnesota in 2018. Misrepresenting an assistance animal is a crime Under Minn. Stat. § 609.833, it is now a petty misdemeanor in Minnesota to intentionally misrepresent an animal as an assistance animal to obtain rights or privileges knowing they are not entitled to such. Subsequent violations are misdemeanors. Property owners are provided...
Once police have stopped you, the stop must be temporary and last no longer than necessary to effectuate the purpose of the stop (for example, ticket you for the driving violation). From there, the officer need’s independent articulable reasonable suspicion to expand the scope of your stop (for example, asking you to perform field sobriety tests). As a result, when...
A person who is allowed to drive in Minnesota (as a licensed driver from Minnesota or as a driver licensed from another state) can lose their privilege to drive in the state of Minnesota in various ways for committing various offenses. Minnesota can take three actions on a driver’s privilege to drive—suspension, revocation, or cancellation. A suspension is the least...
In 2006, in response to several high-profile cases where various victims were abducted and murdered, the US Congress passed a law requiring states to maintain databases of offenders convicted of various offenses. The federal law is entitled the Sex Offender Registration and Notification Act (SORNA). Originally these state databases were referred to as “sex-offender registries” but as the laws changed...
In Minnesota, persons convicted of a Felony “Crime of Violence” are subject to a lifetime firearms prohibition. A gross misdemeanor, misdemeanor, or stay of adjudication is not sufficient to trigger the prohibition. There must be a felony conviction. This includes a stay of imposition where the conviction is a felony conviction while on probation and then converts to a misdemeanor...
- Child Pornography Possession / Distribution
- Criminal Vehicular Operation
- Disorderly Conduct
- Domestic Assault
- Drug Crimes
- DWI or DUI
- Felony Offenses
- Gross Misdemeanor
- Gun Rights
- Harassment Restraining Order
- Juvenile Crimes
- Malicious Punishment of a Child
- Marijuana in a Motor Vehicle
- Murder / Homocide
- Obstructing Legal Process
- Order For Protection
- Petty Misdemeanor
- Possesion of Firearm
- Probation Violation
- Sex Crimes
- Sexual Assault
- Traffic Violations
- Underage Drinking
- Underage Drinking and Driving
- White Collar Crimes