The Minnesota Legislature recently passed gun legislation (Senate File Number 878) that took effect August 1, 2015. One part of the bill legalized firearm suppressors or silencers. These are defined under Minn. Stat. 609.66, Subd. 1a(c) as “any device for silencing, muffling, or diminishing the report of a portable firearm . . .” However, it’s still a felony to sell...
One’s driver’s license is canceled as inimical to public safety after a third DWI offense within 10 years, a DWI offense within 10 years of special review, or four or more alcohol offenses in a lifetime. So, if this happens, what needs to be done to reinstate driving privileges after being canceled as inimical to public safety? Ignition interlock is required and the following steps must be taken, in accordance with Minnesota Administrative Rule 7503.1725.
The Minnesota Department of Human Services (DHS) conducts background studies on individuals before they can provide any direct contact services or, in the case of nursing homes or boarding care homes, before they can access residents and their belongings. This applies to facilities licensed by DHS, the Minnesota Department of Health (MDH), the Department of Corrections (for programs serving youth and children), and non-licensed personal care provider organizations. The background study is thorough and includes criminal history from the Bureau of Criminal Apprehension and records from county adult and child protection services, DHS, and MDH.
How is the Length of Probation Determined? In Minnesota, as long as life imprisonment or a mandatory minimum sentence is not required by law, a sentence of jail or prison time may be stayed. This means that the full sentence will not have to be served, provided the offender successfully completes probation. Someone cannot be placed on probation indefinitely, however....
A threshold between Misdemeanor and Gross Misdemeanor DWI charges will be lowered in August 2015. The “legal limit” for alcohol in Minnesota is .08. In other words, one way the state can prove a DWI is through a test of a driver’s blood, breath, or urine. If the test shows an alcohol concentration of .08 or more, the driver can...
Nicole Kettwick and Eric Bain presenting a Minnesota CLE webcast on DWI Forfeitures.
Minnesota has different thresholds to separate the severity of theft crimes. Generally, if the value of the property or services taken is less, then the criminal penalties are less severe. See the table below for a breakout of these thresholds. Stolen Property Crime Max Penalties Firearm; or Property/services in excess of $35,000 Felony 20 years and/or $100,000 Property/services in excess...
The United State Supreme Court ruled today that in cases of criminal threats, the communicator’s intent matters more than the receiver’s interpretation. In the case at issue, Elonis v. U.S. (No. 13-983), Anthony Elonis was prosecuted for making threatening communications, under 18 U.S.C. § 875(c). Elonis posted statements on Facebook after his wife left him and took their two children....
A bill is moving its way through the Minnesota Legislature that contains important updates to Minnesota’s DWI laws. Lower aggravating factor threshold. Currently, there are four aggravating factors that enhance the severity of a DWI offense. These include prior DWI convictions or license revocations, having children under the age of 16 in the vehicle, test refusal, or having a blood-alcohol...
"Professor" Mike Brandt presented yesterday at the Minnesota State Bar Association's Criminal Law seminar, "Everything But the Trial School." He talked about tips and tricks for effective motion practice, based on his many years of experience.
- 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