Restitution: General Restitution v. Identity-Theft Restitution

Restitution: General Restitution v. Identity-Theft Restitution

In State v. Rey, 905 N.W.2d 490 (Minn. 2018), the Minnesota Supreme Court held that “the identity-theft statute does not expressly require a district court to consider the amount of economic loss suffered by the victim or the defendant’s ability to pay when ordering...

Vehicle Forfeiture in Prostitution Cases

Pursuant to Minn. Stat. § 609.5312, any person charged with a prostitution offense, who allegedly used their vehicle to commit the offense, can have their motor vehicle forfeited. The Minnesota Legislature recently changed the laws to require a conviction in these...

Fingerprint Phone Lock is not a Lock to Privacy

In Minnesota, if a police officer has a valid search warrant for a suspect’s locked phone, that officer may compel that individual to unlock the phone by use of the fingerprint feature. In State v. Diamond, No. A15-2075, 2018 WL 443356 (Minn. Jan. 17, 2018), the...

Interpretation of Expungement Waiting Period Finally Resolved

In the past, the waiting period language in the expungement statute has been interpreted two different ways when person has been charged with or convicted of a new crime since the person was discharged from their sentence (probation or parole).  The two...
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