There is an adage that says “There are three sides to every story: yours, mine, and the truth. And all three are right.” The sentiment behind this saying is that everyone can recall a particular event or circumstance differently, without any one of them being wrong. Differing memories, opinions, or impressions about the same event do not necessarily mean that...
Unfortunately, harassment of all types has been in the news recently. These behaviors range from childish and immature to dangerous and criminal. While protecting yourself from harassing or unwanted behavior is certainly important, understanding the difference between the common knowledge and legal definitions of harassment is important before determining an appropriate course of action. The common knowledge definition of harassment,...
In general, evidence of prior crimes or bad acts cannot be introduced at trial to prove that a person committed the crime for which they are currently charged. Under Minnesota Rule of Evidence 404(b), evidence of another crime, wrong, or act is not admissible to prove the character of the person or that the person acted in conformity with that...
Under Minnesota law, it is a crime to drive, operate, or be in physical control of any motor vehicle if your body contains any amount of a Schedule I or II controlled substance other than marijuana or its derivatives. Schedule I or II substances not only include illicit substances such as heroin, LSD, and Ecstasy, but also common prescription medications...
The Minnesota Supreme Court ruled that DFE is not a hazardous substance for DWIs. State v. Carson, A15-1678 (Minn. Oct. 11, 2017) (read the case here). In Minnesota, one can get a DWI without consuming alcohol, but can if under the influence of a controlled substance, with any amount of a Schedule I or II controlled substance (except marijuana), or...
The Minnesota Legislature changed a provision of the DWI laws pertaining to a deadline for filing challenges to driver’s license withdrawals. Specifically, when one is arrested on probable cause of driving while impaired and either refuses or fails a breath test, the driver is supposed to be notified of a loss of driving privileges, which is an administrative penalty. Of...
“I’m just smoking weed tonight, I’ll be your designated driver.” Perhaps you or a friend has said this before. The problem is that one can still get a DWI if he or she is smoking weed, even without drinking a drop of alcohol. In Minnesota, marijuana is an illegal controlled substance without a medical prescription. But in order to be...
Probably not, unfortunately. Many people think that every person in every interaction with the police must be read their rights, as seen on TV. This reading of rights is called a “Miranda” warning, which was set forth in the landmark U.S. Supreme Court case, Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966)....
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...
Yes, possibly. If you possess or disseminate to others pornographic work involving a minor knowing or with reason to know its content and character, you could be guilty of a felony under Minn. Stat. § 617.247. A minor is any person under the age of 18. A nude picture could be considered pornographic work. This could involve any photo or...