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    • Michael Brandt
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      When is a DWI a felony in Minnesota?

      When is a DWI a felony in Minnesota?

      There are three levels of DWI in Minnesota—misdemeanor, gross misdemeanor, and felony. How is the level of a DWI determined? Typically, a first-time DWI in Minnesota is classified as a misdemeanor—which means up to 90 days in jail. A second or third offense in 10 years is typically a gross misdemeanor—which means up to one year in jail. However, there...

      What Constitutes Coercion?

      If someone says you are persuasive, you would probably take that as a compliment, right? The power of persuasion is often highly valued, especially in the legal field. But if someone says you are being coercive, this is less complimentary. In fact, coercion is a crime in Minnesota. Minnesota Statute § 609.27 defines the crime of coercion. Coercion is an...

      How Far is Riot Far?

      The United States is currently facing uncertainty with the country’s future after the 2020 election. Emotions are running high and within these next few days, many will want to invoke their First Amendment right of Freedom of Speech. But, before acting on a whim, think twice and consider the legal consequences of your actions, such as, could your actions lead...

      The Office Provides Insight into Criminal Damage to Property

      The Office is an iconic television series that was known for placing its characters in awkward and uncomfortable situations. In the episode “Dinner Party,” Michael (the boss) invites his employees over for a relaxing get together where Michael attempts to solicit funds for his ex-boss/girlfriend Jan’s failing candle company. Instead of a relaxing dinner party, Michael’s guests are treated to...

      Potential New Guidelines that Would Cap Probation Sentences at Five Years

      Potential New Guidelines that Would Cap Probation Sentences at Five Years

      On January 9, 2020, the Minnesota Guidelines Commission approved guidelines that would cap probation sentences for most felony offenders at five years. Certain offenses, such as homicides, criminal sex offenses, and criminal vehicular homicide, would be exempt from the cap. There would be some exceptions for judges who can depart from the cap when public safety warrants a departure. These...

      Can I go to Canada if I Have a Criminal Record in Minnesota?

      Can I go to Canada if I Have a Criminal Record in Minnesota?

      Under Canadian Immigration Law, if a non-Canadian citizen has a criminal record, he or she may be denied entry to Canada or otherwise said to be “criminally inadmissible.” The United States Federal Bureau of Investigation (FBI) criminal database and the Royal Canadian Mounted Police (RCMP) crime database are synced, allowing the Canada border to quickly access individual U.S. criminal records....

      My daughter was charged with a crime in juvenile court – will the record be public?

      My daughter was charged with a crime in juvenile court – will the record be public?

      If your child has been charged with a criminal offense in juvenile court, there can be a lot to worry about. While criminal charges are enough to deal with alone, there may be additional ramifications from public access to criminal records. If a 16 or 17-year-old juvenile offender is charged with a felony offense, court proceedings are public, and the...

      Domestic Violence and the Holidays

      Domestic Violence and the Holidays

      The holidays. A time of gift giving, celebrating, and spending time with loved ones. Alcohol pours and spirits rise as a new year approaches. However, the holidays can also bring about a significant amount of stress and tension. Experts say the end of the year creates a toxic storm, with alcohol mixing with financial stress and relatives being in close...

      Restoration of Gun Rights in MN: Crimes of Violence

      Restoration of Gun Rights in MN: Crimes of Violence

      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...

      If you or someone you know is planning on “Tricks” rather than “Treats” this Halloween season, you may want to reconsider

      If you or someone you know is planning on “Tricks” rather than “Treats” this Halloween season, you may want to reconsider

      If your Halloween plans include pulling what you consider to be a harmless prank, you may be unintentionally damaging property. Even if you simply intended to pull a prank, the Law is only concerned with whether the property was damaged. Criminal damage to property is a general intent crime, meaning that it is irrelevant whether you intended property damage while...

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      Blog Categories

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      • White Collar Crimes

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