First Degree Burglary: The State has to prove the defendant entered a building without consent and committed a crime or had the intent to commit a crime PLUS just ONE of the three: The building the defendant entered was a residence, and another person who was not an accomplice was within the home when the defendant entered or at any...
Minnesota law states that anyone currently serving a felony sentence on election day (Tuesday, Nov. 6) is not eligible to vote. This includes people currently incarcerated, serving on probation, or those who have been granted parole for a felony offense. The right to vote is restored once the felony sentence has been completed. The election judge may require you to...
One of the biggest threats to the licensed pawn/secondhand dealer industry is the legal status of the property involved. The Minnesota statutes regulate the pawnbroker business, including how long records of transactions must be kept, the people who are eligible to pledge or sell property, and the place where pawned goods must be kept. During the transaction, pawnbrokers are required...
What is a “Statute of Limitations”? In the criminal setting, a statute of limitations is a statute that prescribes a maximum period of time after an event that the State can press criminal charges. A criminal prosecution must be commenced within a certain time for most criminal offenses. The limitation lengths vary by crime. Some crimes do not have any...
What Constitutes Kidnapping in Minnesota? Kidnapping in Minnesota is a crime that occurs when a person confines or removes any person without that person’s consent in order to commit the following: hold for ransom or as a hostage; as a way to commit a felony or flee from a felony; to terrorize the victim or another, or commit great bodily harm; to hold in involuntary servitude....
What types of crimes are considered “Crimes of Violence”? Crimes of violence include felony offenses involving the commission or attempt of the following (Minn. Stat. §624.712, subdivision 5): Murder, manslaughter, assault, or encouraging suicide; Using drugs that poison, stupefy, overpower, or numb to injure or make a crime easier (Minn. Stat. §609.235); Robbery, and 1st-3rd degree burglary; Stealing an automobile, weapon, controlled substance,...
In Minnesota, a criminal sentence can be imposed in a variety of ways. Different sentences carry significannt implications for a person’s criminal record. This article will examine the different types of sentence dispositions. For comparison’s sake, let’s use the example of a First Degree Assault which carries a sentence of up to 20 years in prison. But let’s assume the...
White Collar Crime…the phrase conjures up visions of white men, executives, wearing suits and ties standing at a shredding machine, doesn’t it? But does the executive stereotype fit today? The phrase has been around since about 1939 and has carried several definitions which all centered on the upper class status of the people accused. But looking at a list of white collar...