THE MINNESOTA COURT OF APPEALS HAS DECLARED THE MINNESOTA CRIMINAL DEFAMATION STATUTE UNCONSTITUTIONAL The Court released a published opinion today holding the statute unconstitutionally overbroad. For those familiar with our criminal defamation appeal, it appears as though the fight is over. The Court agreed with our argument in several areas. Our primary argument all along had been that the Minnesota criminal defamation...
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IS A FREE CONSULTATION REALLY FREE? Yes, at our firm it is. The reason we offer a free consultation is so we can have an opportunity to meet you and learn about you and your case. In our opinion, an attorney is only really in a position to evaluate a case and discuss fees after a face-to-face consultation. First and...
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THE TYPES OF MINNESOTA DWI PENALTIES YOU COULD POSSIBLY FACE DEPEND ON THE CIRCUMSTANCES OF EACH INDIVIDUAL DWI CASE. Minnesota DWI penalties include both criminal penalties and civil penalties. Criminal DWI penalties refer to actually serving time in custody, whether it’s in jail, at the workhouse, or an out-of-custody program such as Sentence to Service or electronic home...
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A TYPICAL DWI ARREST WILL USUALLY INVOLVE THE USE OF DWI FIELD SOBRIETY TESTS. In order for a police officer to require an individual to submit to DWI field sobriety tests, the officer must have observed something that lead to a reasonable suspicion that the person was driving or operating a motor vehicle under the influence of alcohol or a controlled...
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ANOTHER MOTOR VEHICLE SEARCH WARRANT EXCEPTION IS KNOWN AS THE INVENTORY SEARCH. An inventory search of a vehicle occurs when the police are impounding a vehicle. As long as the vehicle is being lawfully impounded, the police can search the vehicle as long as the search is conducted pursuant to a standard departmental policy. An inventory search does not...
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It’s important to make sure you report to the correct courthouse for your first appearance in Minnesota criminal court. Where your crime was alleged to have been committed will determine which courthouse you must report to. You can check the Minnesota state court website here for a list of courthouse locations. The severity level of the crime you have been...
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One of the most common questions I get asked is, “Do I have to let cops in my house if they knock on my door and tell me they need to come in?” The short answer: no. Oftentimes, police will approach a residence because they have some questions for someone they believe lives at that home. Even if you...
Read MoreWhat to Expect After a DWI Arrest in Minnesota When Is a Driver Arrested for DWI Released? On the night / day of your DWI, someone who has been arrested for DWI will typically be processed and then released to a sober person, so long as it’s your first DWI offense and your BAC test result was under .16. ...
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The first encounter you will have with the police if you are arrested for a Minnesota DUI will most likely be on the side of a road or perhaps in a parking lot. The officer will most likely allege that you committed some sort of driving or traffic violation that prompted the stop of your vehicle. After stopping your...
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Criminal Vehicular Homicide in MN The Minnesota criminal vehicular homicide statute punishes someone who causes the death of another while operating a motor vehicle under one of several conditions. The criminal vehicular homicide statute, while punishing an action that causes the death of another, is different from murder or manslaughter. There is a distinction between the intent and the risks the person took...
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