Can the courts really kick someone out of his or her own house? Yes, in certain situations. The most common we see is where the person who solely owns or rents the residence is accused of domestic assault. The accuser, who is in a domestic relationship with the accused, may not be on the title or lease, but lives primarily...
DWI offenses come with many nuances depending on the specific situation. However Minnesota laws do require some penalties once you get a second offense. If you are convicted of Driving While Impaired (DWI), often called Driving Under the Influence (DUI), within ten years of a prior impaired driving incident () there are mandatory minimum penalties that the court must impose:...
Predatory offender registration occurs when a person has been convicted of a qualifying crime (pursuant to Minn. Stat. § 243.166) and consequently they are required to provide information about their address and other biographical data with law enforcement. Unfortunately, this is one of those rare cases in the law where the answer is clear—no. A person who was required to...
There are four degrees of DWIs in Minnesota. First degree is a felony, second and third degrees are gross misdemeanors, and a fourth-degree DWI is a misdemeanor. A DWI can become a felony first degree DWI under the following circumstances: You will be charged with a first-degree (felony) DWI under Minnesota Statute § 169A.24 if: The violation occurs within ten...
Yes! Wax is a concentrated version of marijuana made from a butane extraction. The higher levels of Tetrahydrocannabinols (THC) content make it more potent than traditional marijuana and lead to intense highs, all without creating an odor. Possession of weed or marijuana (the dried green, leafy buds) up to 42.5 grams is only a petty misdemeanor in Minnesota. However, possession...
The offense of DWI (often called driving under the influence, or DUI) in Minnesota is categorized into four different levels, or degrees: misdemeanor fourth-degree DWI; gross misdemeanor third degree DWI; gross misdemeanor second degree DWI; and felony first degree DWI. For each degree, the potential punishment and driver’s license ramifications increase. What degree you are charged with depends on the...
Domestic assault is an assault committed against a family or household member. An “assault” is an act committed with the intent to cause fear in another of immediate bodily harm or death; or the intentional infliction, or attempted infliction of bodily harm upon another. “Family or household members” include, spouses and ex-spouses; blood relatives; parents and children; those who currently...
The United States Supreme Court was presented with the question of whether or not a police officer, without a search warrant, may enter the curtilage of a home and conduct a search of an automobile. (Curtilage is defined as “an area intimately linked to the home, both physically and psychologically, where privacy expectations are most heightened.”). Today, in Collins v....
There is an adage that says “There are three sides to every story: yours, mine, and the truth. And all three are right.” The sentiment behind this saying is that everyone can recall a particular event or circumstance differently, without any one of them being wrong. Differing memories, opinions, or impressions about the same event do not necessarily mean that...
The Minnesota Supreme Court today issued an opinion which details when a driver who has been arrested for a DWI has the right to consult with an attorney before deciding whether or not to take a breath test. Under Minnesota law, any person who drives, operates, or is in physical control of a motor vehicle while in the state consents...
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