Criminal Defense

Wondering About a DWI on an Electric Scooter? Vodka tonic with a lime….scooter?  If you live or work in downtown Minneapolis or St. Paul, you’ve likely seen the Lime scooters or Bird scooters. They started popping up a couple of months ago.  The Lime and Bird scooters have become popular offering quick, easy mobility throughout downtown. Easily accessed by...

In order to lawfully stop a motor vehicle in Minnesota, a police officer must have reasonable suspicion that a crime has been or is being committed. This rule of law is taken from the Minnesota Supreme Court’s decision in State v. Pike. The police officer must be able to point to and articulate specific facts that support a reasonable suspicion...

The Court of Appeals just declared the Minnesota DWI Refusal law unconstitutional. In State v. Trahan, the Court explained that charging a motorist with refusing to submit to a blood draw for purposes of testing alcohol concentration is unconstitutional if the police did not have a search warrant.  This issue had sort of been addressed by the Court in recent years,...

Are Public Tweets Free Speech Protected By The First Amendment? This is the issue that we will take up in front of the Minnesota Supreme Court later this year. Our client has been charged and convicted of the criminal offenses of Stalking and Harassment for posting a series of public tweets mentioning another Twitter user.  We previously argued the charges...

Minnesota Supreme Court Finally Answers Questions Whether Police Can Force You to Unlock Your Phone with Fingerprint We’ve previously addressed this issue here. The Minnesota Supreme Court has finally chimed in and appears to have settled the debate. In State v. Diamond, the Minnesota Supreme Court sided with the State and held that police can force a suspect to provide a fingerprint...

A person convicted of First Degree Manslaughter in Minneapolis faces up to 15 years in prison. Several different circumstances can lead to a charge of First Degree Manslaughter. Probably the most common set of circumstances that will result in a First Degree Manslaughter charge is what’s known as the “heat of passion” killing. This occurs when one person causes the...

The Duluth police officer who assaulted a man in a wheelchair at a detox center has been released from the police force.  Former officer Richard Jouppi has also been charged with one count of Fifth Degree Assault and one count of Disorderly Conduct.  Both charges are misdemeanors and carry a maximum possible punishment of up to 90 days in...

EXPUNGEMENT OF DOMESTIC ASSAULT Crimes of domestic violence are now eligible for a Minnesota expungement.  A domestic assault expungement had previously been prohibited from being expunged under the new Minnesota expungement law. Crimes of domestic violence, such as domestic abuse, domestic assault, sexual assault, violations of an order for protection (OFP) or a restraining order, stalking, and violations of a domestic...

We are currently representing an individual in Blue Earth County, Minnesota who is charged with Criminal Defamation in violation of Minn. Stat. § 609.765.  We previously filed a motion to dismiss arguing the Minnesota criminal defamation statute is unconstitutional.  In our opinion, the Minnesota criminal defamation statute is overbroad because it punishes constitutionally protected free speech and does not provide for...

Defending Your Freedom, Finances and Your Future When facing criminal charges, especially misdemeanor offenses, it’s common for people to assume that they can plead guilty, defend themselves or rely on the help of a public defender and get a good outcome. After many years of experience as a criminal defense lawyer, John has repeatedly seen defendants come to court...