Halloween festivities have been a long-standing tradition in America since the later part of the 19th Century. Adults, teens, and children alike dress in costumes, trick-or-treat, carve jack-o-lanterns, tell ghost stories, and eat sweet treats. Yet, parties and pranks are not the only mischiefs occurring during the night of “All-Hallows-Eve.” While approximately 175 million Americans celebrate Halloween night, crime rates...
The right to restitution is outlined by Minnesota Statute § 611A.04, which says that “a victim of a crime has the right to receive restitution as part of the disposition of a criminal charge or juvenile delinquency proceeding against the offender if the offender is convicted or found delinquent.” The goal of restitution is to restore the victim to the...
I hit a piece of property while driving – what am I obligated to do? Can I be charged with a hit and run?
Minnesota Statute Section 169.09 explains when drivers must stop after a collision. Many are aware that when a driver hits another vehicle, they are required to stop to avoid a “hit and run.” However, many people do not realize that “hit and runs” extend to property such as trees, mailboxes, or other property a driver may hit. If the driver...
The legality of Minn. Stat. § 609.749.2(4) (Stalking by Telephone) was recently decided by the Minnesota Court of Appeals. The case arose from a conflict beginning in 2016 between a Minnesota man and the Rice County Sherriff’s Office. The Defendant in the case was upset about a former interaction with the Sheriff and began calling and leaving threatening voicemails with...
In Minnesota, it’s illegal to possess marijuana, but not hemp. So what’s the difference? Basically, both hemp and marijuana come from cannabis plants. Hemp is marijuana with low-levels of THC, which is tetrahydrocannabinol, the main psychoactive part of the cannabis plant. In Minnesota, hemp is cannabis with a THC concentration at or below 0.3 percent on a dry weight basis....
Over the last few years, there have been news reports about the benefits of CBD. Some people think this is a form of “marijuana” or “THC” oil. It is not; here is the difference. CBD stands for cannabidiol. THC stands for tetrahydrocannaboil. Both of these are two natural compounds found in cannabis plants. The defining difference between the two is...
Effective as of August 1, 2019, a few changes have been applied to the DWI statute. The law has historically been that a person who violates §169A.20, the DWI statute, is guilty of a first-degree DWI if that person: (1) commits the violation within ten years of the first of three-or-more prior DWI incidents; (2) has been previously convicted of...
As of August 1, 2019, a handful of new criminal laws went into effect in Minnesota. Below is a shortlist to keep you in the loop: Hands Free: Holding your phone while driving is a crime, unless required for obtaining emergency assistance, if there is a threat to life and safety, or in an authorized emergency vehicle performing official duties....
Nationally, roadblocks are legal. The United State Supreme Court ruled that it is not unconstitutional for a roadblock to check for sobriety or to ask questions to the general public in response to a crime. However, temporary roadblocks to stop cars and investigate a larger number of drivers in the hope of discovering alcohol-impaired driving violates Minnesota’s constitution (Min. Const....
Those required to register as predatory offenders must provide, among other personal information, their primary and secondary addresses, and any vehicles they own or regularly drive. All information must remain up to date; by not updating, one is deemed “non-compliant.” If a person fails to comply with the registration requirements, information about the offender may be made available to the...
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