You’ve been convicted or pled guilty to a crime and have a date scheduled to get sentenced. In your upcoming sentencing hearing, has the Court ordered a “PSI”? The court may, and sometimes must, order what is called a presentence investigation or PSI (Minnesota Statutes § 609.115). A PSI is conducted by a probation officer, or a social worker or...
It is that time of year again. Halloween is upon us and children everywhere are thrilled at the opportunity to go door to door and collect their mini Snickers. But the adults and teenagers look past the sugar highs and aim their attention to adrenaline highs and extreme scares. Before you think the perfect Halloween night is lighting candles at...
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....
Forty-six states and the District of Columbia have passed revenge porn laws, but courts are increasingly considering the constitutionality of the statutes on First Amendment grounds. However, there is little cohesion among state revenge porn laws. Two recent cases in Illinois and Texas, People v. Austin and Ex Parte Jordan Bartlett Jones, have challenged revenge porn statutes on First Amendment...
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...
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....
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...
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,...
- Child Pornography Possession / Distribution
- Criminal Vehicular Operation
- Disorderly Conduct
- Domestic Assault
- Drug Crimes
- DWI or DUI
- Felony Offenses
- Gross Misdemeanor
- Gun Rights
- Harassment Restraining Order
- Juvenile Crimes
- Malicious Punishment of a Child
- Marijuana in a Motor Vehicle
- Murder / Homocide
- Obstructing Legal Process
- Order For Protection
- Petty Misdemeanor
- Possession of Firearm
- Probation Violation
- Sex Crimes
- Sexual Assault
- Traffic Violations
- Underage Drinking
- Underage Drinking and Driving
- White Collar Crimes