Blog

An aggravation or acceleration of a previous condition or injury is very common in workers’ compensation cases. It can occur in the context of an employee having a pre-existing condition like arthritis, or a prior injury like an ACL tear, and then a subsequent injury to that same area.  The issue in regard to Minnesota workers’ compensation law is...

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 criminal defense lawyer John Arechigo has been named an Attorney of the Year by Minnesota Lawyer.  John’s selection was based off the State v. Turner case, in which he successfully challenged the constitutionality of Minnesota’s former criminal defamation law. Isanti County charged Turner with criminal defamation stemming from an online post about two individuals.  Recognizing that the Minnesota law infringed on First Amendment protected...

Implied Consent If you have any experience with a Minnesota DWI, you’ve almost certainly heard of the Minnesota Implied Consent statute.   But what exactly is it? Minnesota implied consent statute was enacted with the idea of providing law enforcement with an effective tool to compel drivers suspected of DWI to peacefully submit to testing to determine that person’s level of impairment....

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...

WATCH OUT FOR THE DOCTOR TRICK If you have been injured at work, your next step is an important one– choosing a doctor. Your employer may try to steer you towards a doctor of their choice.  Do not accept this recommendation.  Many times employers have implicit agreements with doctors to release injured employees to work with no restrictions.  This...

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...