Under Rule 4 of the Minnesota Rules of Criminal Procedure, upon an arrest, a person can be held in custody for no more than 36 hours -- excluding the day of arrest, legal holidays, and Sundays. Typically, if a person gets arrested on a Wednesday, he or she needs to be in front of a judge and charged by Friday...
The New York Times reports that Scott County in Mississippi is jailing people “indefinitely” without access to legal counsel until they are indicted. Minnesota’s 36/48 hour rule prevents this injustice from occurring (Rule 4, Minnesota Rules of Criminal Procedure). The rule states that when someone is arrested, they must either be charged or released within 36 hours of arrest, or...
NFL players have been in the news lately for their behavior off the field. Two of the most prominent cases involve criminal charges against Adrian Peterson in Texas and Ray Rice in New Jersey. Criminal laws vary by state, so what would Mr. Peterson and Mr. Rice be facing if they were being prosecuted in Minnesota? Mr. Peterson was recently...
In a 4-3 decision, the Minnesota Supreme Court rules that the necessity defense does not apply to implied consent proceedings. The Court noted the “plain language of the statute does not permit a person to raise the affirmative defense of necessity at an implied consent hearing.” This means that if you drive with an alcohol content of .08 or more...
This morning, Governor Dayton signed legislation into law that drastically expands those eligible for an expungement of their criminal record in Minnesota. Previously, most seeking an expungement were eligible to have only the court records related to their case expunged, leaving many records related to a case still publicly available and preventing those with a criminal record from employment opportunities,...
When the State charges a defendant with a crime against a “vulnerable adult” (such as Criminal Abuse, Criminal Neglect, or Financial Exploitation of a Vulnerable Adult), one element the State must prove is that the victim qualifies as “vulnerable.” The definition for “vulnerable adult” found in Minnesota Statutes Section 609.232, subd. 11, can be kind of overwhelming. Here is a...
Probationers often walk a fine line between scrupulously following the rules of their probation and “ratting themselves out.” Keeping an open line of communication between the probationer and his or her probation officer…
A conviction for Misdemeanor Domestic Assault (Fear) in Minnesota Does Not Result in Losing Gun Rights under Federal Law.
The federal government has made it a crime for any person who has been convicted of a “misdemeanor crime of domestic violence” to ship or transport or possess any firearm or ammunition or receive any firearm or ammunition that has been shipped or transported. 18 U.S.C. 922(g)(9). To be convicted of a misdemeanor crime of domestic assault under Minnesota law,...
Different rules apply to the disclosure of witnesses depending on whether the case regards a felony/gross misdemeanor or misdemeanor. However, it is safest to take the position that regardless of the level of the offense, an attorney is required to disclose the witness as well as the substance of what the witness is going to say at trial. In the...
DWI Law Update: A Suspect’s Decision to “Agree to Take a Test” is Not Coerced Simply Because Refusal is a Crime.
Today the Minnesota Supreme Court issued a decision in State v. Brooks, affecting DWI arrests in Minnesota. At issue in Brooks was whether the police needed a search warrant before obtaining a blood or urine sample from Mr. Brooks who had been arrested for DWI and, if a warrant was required, did Mr. Brooks voluntarily consent to the test (so...
- 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
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- Sex Crimes
- Sexual Assault
- Traffic Violations
- Underage Drinking
- Underage Drinking and Driving
- White Collar Crimes