In Minnesota, citizens are protected from improper and illegal law enforcement practices. One defense to certain criminal charges is the entrapment defense. Entrapment exists where it appears law enforcement officers “lured the accused into committing an offense which he otherwise would not have committed and had no intention of committing.” See State v. Grilli, 230 N.W.2d 445 (Minn. 1975). It...
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...
Several factors influence when someone arrested for a Driving While Impaired (DWI) will be released from jail, including the results of their breath test, the presence of aggravating factors, and the time/day of the arrest. If your son has not been arrested for a DWI within the last ten years, didn’t refuse to take a breath test, didn’t have children...
No contact can be ordered in a variety of forms: Domestic Abuse No Contact Order, Harassment Restraining Order, Order for Protection, and a standard No Contact Order. It can be ordered as a pretrial condition of release, or as a probationary condition. It can also be ordered where no criminal offense has been charged. Regardless of the form of the...
There are real world implications for those holding a Commercial Driver’s License (CDL) who receive traffic tickets. For CDL holders, receiving two or more “serious traffic” violations in a three year period while operating their commercial motor vehicle could entail disqualification from operating their commercial motor vehicle. These “serious traffic violations” can include excessive speed, reckless driving, erratic lane changes,...
You have a right under the Constitution to refuse all searches of yourself or your property. This isn’t to say the police will not do so anyway under one of the various exceptions to this constitutional prohibition (or with a warrant). However, the police cannot use your refusal to consent to a search as proof of criminal activity. There is...
Under Minnesota Law, there are several levels of burglary. In general, a burglary is committed by entering a building without consent and with the intent of committing a crime; or entering a building without consent and actually committing a crime while in the building (either directly or as an accomplice). Burglaries are classified into different categories depending on the circumstances....
Generally speaking, yes. Anything that is filed through the court system is going to leave electronic records as well as copies of paper files and records in various places. The proper question to ask would be: Who can see it; and what can they see? First of all, Minnesota Court Rule 4 says that Domestic Abuse and Harassment records are...
The Minnesota Court of Appeals published a decision today regarding what now qualifies as a “substantial step” towards the commission of third-degree criminal sexual conduct in In State v. Wilkie, Mr. Wilkie was convicted of attempted third-degree criminal sexual conduct violation of Minn. Stat. §§ 609.17, subd. 1, .344, subd. 1(b) (2016). The factual background of the case is as...
The debate over legalizing recreational marijuana is coming to Minnesota. The Minnesota House of Representatives indicated they may take up the issue of marijuana this year, focusing on: broadening the medical marijuana program, reforming criminal justice to lessen penalties for nonviolent drug offenders, and "highly regulated" legalization of recreational use marijuana, in that order of priority. There is also potential...
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