An Order for Protection (OFP) is a form of restraining order that is sought where abuse or threats of abuse are alleged. The requirements for an OFP are actual physical harm; threat of physical harm; interference with a 911 call; forced sexual contact; or any sexual contact if the person needing protection is a minor. An OFP limits the contact...
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...
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...
Assault: Under Minnesota law, an assault can be one of two things: (1) either committing an act with the intent to cause fear of bodily harm (or death) in another person; or (2) intentionally inflicting or attempting to inflict bodily harm upon another person. Qualifiable domestic violence-related offenses include (among others): Violations of orders for protection Assault in the first,...
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...
Whether right or wrong, sometimes victims of domestic assault do not want their assailants to incur criminal charges and consequences. Police investigate these situations and provide their reports to prosecutors. It is prosecutors, and only prosecutors, who make decisions on whether to charge an individual with a crime, and how to resolve, dispose, or try a case. A prosecutor is...
In Minnesota, persons convicted of a Felony “Crime of Violence” are subject to a lifetime firearms prohibition. In order for the prohibition to apply, the conviction must be for a felony, including a stay of imposition where the conviction is a felony conviction while on probation and then reduces to a misdemeanor conviction following successful completion of probation. See State...
Some police departments in Minnesota are already equipped with body cameras. More departments are now likely to adopt them after Minnesota Governor Mark Dayton recently signed a bill into law that sets regulations for the cameras’ use effective August 1, 2016. In the wake of recent officer-involved shootings, such as Michael Brown in Ferguson and Jamar Clark in Minneapolis, the...
The United State Supreme Court ruled today that in cases of criminal threats, the communicator’s intent matters more than the receiver’s interpretation. In the case at issue, Elonis v. U.S. (No. 13-983), Anthony Elonis was prosecuted for making threatening communications, under 18 U.S.C. § 875(c). Elonis posted statements on Facebook after his wife left him and took their two children....
NFL players have been in the news lately for their behavior off the field. Two of the most prominent cases involve criminal charges against Adrian Peterson in Texas and Ray Rice in New Jersey. Criminal laws vary by state, so what would Mr. Peterson and Mr. Rice be facing if they were being prosecuted in Minnesota? Mr. Peterson was recently...
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