With hunting season underway, it is important to understand how past convictions could affect your gun rights. In Minnesota, a person convicted of a crime of violence cannot possess firearms. Minnesota Statute § 609.165, Subd. 1a says certain convicted felons are ineligible to possess firearms or ammunition. The statute explains, “that a person who has been convicted of a crime...
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....
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....
A police officer is someone who is supposed to protect people and keep communities safe. But during the Parkland, Florida school shooting in 2018 the school resource officer, Scot Peterson, stood outside the school not doing enough to mitigate the situation, according to prosecutors in Florida. Meanwhile, innocent students lost their lives inside. However, Mr. Peterson said he did respond,...
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....
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...
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,...
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,...
The debate over legalizing recreational marijuana is coming to Minnesota. The Minnesota House of Representatives indicated they may take up the issue of marijuana this year, focusing on: broadening the medical marijuana program, reforming criminal justice to lessen penalties for nonviolent drug offenders, and "highly regulated" legalization of recreational use marijuana, in that order of priority. There is also potential...
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