Under the Fifth Amendment to the US Constitution and under the Minnesota Constitution, the Double Jeopardy Clause prohibits a person from being prosecuted twice for the same crime by stating, “No person shall…be subject for the same offense to be twice put in jeopardy of life or limb…” This constitutional provision prevents the government from having multiple chances to re-charge...
This question is similar to the age-old philosophical query "if a tree falls in a forest and no one is around to hear it, does it make a sound?" But in order to get a DWI, someone would have to see you do something. For example, a citizen bystander could report your driving to the cops, who could come into...
Voluntary intoxication means that a person voluntarily decided to get intoxicated. For example, if a person goes into a bar and consumes enough alcohol to be intoxicated, that person can be said to be voluntarily intoxicated. When it comes to criminal law, voluntary intoxication can be a defense to a crime. However, this defense is only available for certain crimes....
A Harassment Restraining Order or Order for Protection is a civil filing, not a criminal case. Therefore, a HRO or OFP will not show up on someone’s criminal record. However, a violation of an OFP or HRO can result in a criminal conviction with either a guilty plea or a guilty verdict after a trial. A criminal conviction most certainly...
The short answer is yes, as well as in many other circumstances. In Minnesota, all personal property is subject to forfeiture if it was used or intended to be used to commit a designated offense. Designated offenses include a felony violation of the following: Unlawful Transfer or Sale of Recordings (Minn. Stat. § 325E.17); Unlawful Identity of Transferor (Minn. Stat....
In Minnesota, citizens are protected from improper and illegal law enforcement practices. One defense to certain criminal charges is the entrapment defense. Entrapment exists where it appears law enforcement officers “lured the accused into committing an offense which he otherwise would not have committed and had no intention of committing.” See State v. Grilli, 230 N.W.2d 445 (Minn. 1975). It...
There has been a lot of talk in the news lately about obstruction of justice under federal law involving the President. Criminal charges under federal obstruction laws could include witness tampering, obstructing criminal investigations, or obstructing law enforcement, among other things. In Minnesota, the more commonly invoked criminal statute is a little different and typically involves obstruction of legal process...
Several factors influence when someone arrested for a Driving While Impaired (DWI) will be released from jail, including the results of their breath test, the presence of aggravating factors, and the time/day of the arrest. If your son has not been arrested for a DWI within the last ten years, didn’t refuse to take a breath test, didn’t have children...
No contact can be ordered in a variety of forms: Domestic Abuse No Contact Order, Harassment Restraining Order, Order for Protection, and a standard No Contact Order. It can be ordered as a pretrial condition of release, or as a probationary condition. It can also be ordered where no criminal offense has been charged. Regardless of the form of the...
There are real world implications for those holding a Commercial Driver’s License (CDL) who receive traffic tickets. For CDL holders, receiving two or more “serious traffic” violations in a three year period while operating their commercial motor vehicle could entail disqualification from operating their commercial motor vehicle. These “serious traffic violations” can include excessive speed, reckless driving, erratic lane changes,...
- 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