5th Degree Drug Possession in MN – What Are the Consequences?

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What is 5th Degree Drug Possession in MN? If you are facing 5th degree drug possession charges in the state of Minnesota, you might be unsure of what to do. Because of the complicated categorization of drug offenses, it can be confusing to understand your charges. It’s always important to contact an experienced criminal defense attorney as soon as possible after your arrest. Your attorney can go over your charges with you and mount a strong defense. At Arechigo & Stokka, P.A., we have decades of experience handling these types of charges for our clients. In this article, we’ll discuss 5th-degree drug charges in Minnesota, as well as possible consequences and defenses. Remember that with the help of a criminal defense lawyer, you might be able to reduce, or eliminate charges. If you face drug possession charges, we strongly recommend that you contact us as soon as possible. Being charged with drug possession can be a complex legal process. Fill out the free and confidential form below with some brief details of your charge so we can review the details of your drug charge. What Are 5th Degree Drug Charges in MN?  In the state of Minnesota, there are five different degrees of drug charges. The degree of the crime depends upon the amount of substance in question. It also depends upon whether someone is selling or manufacturing the substance. 5th degree drug charges are the least serious. 5th degree drug charges only include those for possession or sale. However, 5th degree drug charges can be either a felony or gross misdemeanor.  Felony 5th degree drug charges in Minnesota are for the sale of drugs or possession of larger amounts of drugs. Gross misdemeanor charges are those for possession of a small amount of drugs. In other words, if the cops arrest someone because they were selling marijuana, mixed drugs, or one of the drugs on Minnesota’s Schedule IV list, they might charge the person with felony 5th degree drug sale. If they arrest someone who was in possession of any of the drugs on the schedule I, II, III, or IV list (in greater than the amounts listed for gross misdemeanor charges), they might charge the person with felony 5th degree drug possession. If it is someone’s first offense, and they possess less than 0.05 grams of heroin or less than 0.25 grams (or one dosage unit) of another controlled substance, they might charge the person with 5th degree gross misdemeanor possession.  What Are the Consequences for 5th Degree Drug Possession?  The consequences for 5th degree drug possession in Minnesota will depend on whether the charge was a felony or gross misdemeanor.  Gross misdemeanor possession charges are punishable by up to one year in jail, a $3,000 fine, oandr forfeiture of property related to the crime, like cash obtained. Felony 5th degree drug possession charges are punishable by up to five years in jail or a fine of up to $10,000, or both.  However, the consequences you face outside the justice system may be worse. You may experience difficulty adjusting to life after your conviction. It could be difficult to find work or housing. You may also lose certain privileges, such as voting rights or the ability to lawfully possess a firearm. Because the consequences of 5th degree drug possession can be so severe, you should contact an experienced criminal defense attorney as soon as possible after your arrest.  Choosing the Right Drug Offense Attorney Your choice of attorney will be the single most crucial factor in defending your drug charges in Minnesota. Several defenses may be available. The experienced attorneys at Arechigo & Stokka, P.A. will thoroughly investigate your case and work tirelessly to defend you. Possible strategies for defense include the following: Investigating Entrapment Depending on the situation, entrapment may be a viable defense if officers tricked you into buying or selling drugs. Analyzing the Chain of Evidence We analyze the chain of evidence to assess whether the drugs were actually in your possession. Examining Due Process  We determine whether law enforcement complied with due process. We ensure that the arresting officers did not violate your constitutional rights, such as your right to be free from unreasonable searches. Assessing Legal Possession If you had a legal prescription for the substance but were not able to present it at the time of your arrest, you may still be able to get the charges dropped later. Contact Arechigo & Stokka, P.A. If you’ve been arrested on a 5th degree drug charge in Minnesota, contact the experienced attorneys at Arechigo & Stokka, P.A. We offer free consultations and will aggressively defend your case. Our Case Results Our drug defense attorneys have had a number of drug charges dropped or reduced after a thorough investigation into the police conduct that resulted in the discovery of the drugs. Charges drop or reduce because of the unlawful search of a motor vehicle, insufficient probable cause to support a search warrant to search a home, unlawful seizures and pat searches of an individual, and unreliable informants providing information to police. Our criminal defense lawyers have also kept clients convicted of serious 1st degree drug crimes out of prison after successful downward dispositional arguments. Felony Drug Possession Felony Drug Possession Charges Dismissed For Unlawful Police Entry of Home THE FACTS: Client was charged with felony drug possession for drugs found during a search of his home. Police responded to a report of an injured female in the front yard of the residence. A bystander was with the female and had called the police. The caller did not provide any information concerning any activity at the residence. Responding officers recognized the female and knew her boyfriend was the client. The officers also knew the client had a prior history of drug charges and lived at the nearby residence. Officers walked up to the front door of the residence and found the door unlocked. The officers did not bother asking for any permission to enter the home....

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Minnesota Self-Defense Laws | What Are They?

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In Minnesota, if you are facing a threat of imminent bodily harm or injury, in certain circumstances, you have a right to use force to defend yourself. Minnesota self-defense laws describe the conditions in which you can lawfully use force in self-defense. Knowing self-defense laws can help you understand your rights and responsibilities.  St. Paul, Minnesota Self-Defense Laws Self-defense is one of the most commonly used defenses in cases involving assault, battery, or other crimes of violence. To prove self-defense in Minnesota, an accused person must show: The alleged victim was the aggressor, An accused person had a real or perceived fear of harm to their person, The accused person’s belief was reasonable, The accused person did not use aggression or provoke the attack, and There was no reasonable opportunity to retreat or escape. A claim of self-defense has some important limitations. A person’s use of force in self-defense must appear reasonable to a judge or jury. Further, a person may use only the amount of force necessary to prevent the attack or to protect themselves from harm. The amount of force used in self-defense must be proportionate to the threat posed by the victim. Duty to Retreat Before a person can use self-defense outside of their own home, Minnesota law imposes a duty to retreat.  If a person is facing a threat of bodily injury or harm, he or she must first attempt to retreat to a safe location. The concept of the retreat includes any attempt to de-escalate or otherwise avoid violent confrontation. However, if the retreat is not available or the person cannot do so safely, he or she may then use force or otherwise act in self-defense. In addition, Minnesota allows a person to use deadly force only as a last resort. You may use deadly force outside the home only if there is no reasonable opportunity to retreat and you reasonably believe that you face imminent danger of great bodily harm. A person who uses deadly force in self-defense may still face criminal charges, including murder if he or she had an opportunity to retreat.  No Stand-Your-Ground Law in Minnesota Stand-your-ground laws remove the duty to retreat. If a state has a stand-your-ground law, a person may use force, including deadly force, without first attempting to retreat from the danger. Unlike many other states, Minnesota does not have a stand-your-ground law. In Minnesota, a person must first attempt to escape a dangerous threat before resorting to force.  Castle Doctrine  Although Minnesota does not have a stand-your-ground law, the state still applies the castle doctrine.  This doctrine removes the duty to retreat if a person is threatened in his or her own home. Minnesota courts have decided that a person should not be required to retreat from his or her own home. Thus, in certain circumstances, you may use force, including deadly force, in self-defense when threatened in your own home. The castle doctrine, like other forms of self-defense, is available only in certain circumstances and is subject to limitations. When to Contact a Lawyer If you are accused of a crime or were involved in a violent confrontation, you should contact a qualified attorney to represent you. Self-defense laws depend on a variety of circumstances and a complex set of rules and legal definitions. Understanding self-defense laws requires experience and familiarity with the criminal justice system. Cases involving self-defense often deal with serious crimes that carry potentially severe consequences. Even if you have a legitimate self-defense claim, if you fail to meet the legal requirements and provide sufficient evidence, you risk losing your case. Hiring a criminal defense attorney will improve your chances of establishing self-defense and winning your case.   Contact a Qualified Criminal Defense Attorney Today If you are facing criminal charges. or you were in a violent confrontation, contact the law firm of Arechigo & Stokka, P.A., today. Our dedicated team has extensive experience defending our clients in criminal cases. We will thoroughly investigate your case, help you understand your legal options, and determine the best course of action. We know how difficult this process can be, and we will support you every step of the way. For a free consultation, call our offices at 651-222-6603 or fill out an online form today.  

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Is a DWI a Felony in MN?

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When is a DWI a Felony in MN? Not every DWI is a felony in Minnesota. You can face charges for felony DWI, but a series of aggravating factors is required to trigger a felony DWI in Minnesota. In fact, a large percentage of DUI/DWI crimes in MN are felonies. But even if the court finds you guilty of a misdemeanor, the penalties you face can be life-changing. In addition to the potential for going to jail, you will have to pay substantial fines as well as court costs and fees. You could lose your driver license, your license plates, or even your vehicle. With the help of a DUI defense attorney, these charges can potentially be reduced or eliminated. Contact our office today to discuss your specific case and possible defenses. What Is a Misdemeanor DWI? Typically, you will face misdemeanor charges for your first DWI offense. If any aggravating factors apply to your arrest, however, the court could charge you with a gross misdemeanor. Aggravating factors include: Having a blood alcohol concentration (BAC) of 0.16 or above, Having a child age 16 or under in the car, Refusing to submit to BAC testing, and Having prior DWI convictions. Upon conviction for misdemeanor DUI/DWI, you could face 90 days in jail and a $1,000 fine. Although penalties are less harsh than the penalties for a felony, a gross misdemeanor DWI conviction could earn you up to one year in county jail. You will also face monetary fines up to $3,000 as well as a lengthy suspension of your driver license. What Is a Felony DWI in MN? In Minnesota, you will face felony DWI charges under any of the following circumstances: You have a prior felony DWI conviction on your record; You had a prior felony vehicular injury or homicide conviction involving impairment; or You had three or more DWI convictions in the past ten years. Although you may associate DWI with drinking and driving, you face the same penalties if you drive while under the influence of a Schedule I or II drug in any amount. Costs & Consequences of Felony DWI Upon conviction for a felony DWI in MN, you face up to seven years in a state prison and as much as $14,000 in fines. If you have prior felonies on your record, your penalties could be much worse. Further, the prosecutor can tack on additional charges based on the circumstances of your arrest. With a felony conviction, you also face years of supervised probation, long-term alcohol monitoring, and a host of administrative penalties. Administrative penalties may include: The cancelation or revocation of your driver license, The requirement to install an ignition interlock device on all your vehicles, Impoundment of your license plates, and/or Forfeiture of your vehicle. You will have a permanent criminal record, which can interfere with your ability to get a job or rent a home. You will also struggle to find affordable insurance coverage as a convicted DWI offender. When Should You Contact a Minnesota DUI Lawyer? Any DWI arrest – felony or misdemeanor – can substantially affect every aspect of your life. Don’t risk your future by agreeing to a deal with the prosecutor or trying to represent yourself in court. The Minnesota felony DWI lawyers of Arechigo & Stokka understand how frightening this experience can be, and we are here to help you. We have assisted hundreds of clients facing misdemeanor and felony DUI/DWI charges. Let us put our extensive knowledge, experience, and resources to work for you. Still have questions to see if your Minnesota DWI charge is a felony? We offer a no-cost, no-obligation consultation to answer your questions and help you make the right choice for your future. Contact us today to learn more.

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Changing Workers’ Comp Lawyers in MN | What to Know

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When you experience a workplace accident, you need someone on your side to help you navigate the legal path to compensation. You may trust your workers’ compensation attorney to fight for you. It’s understandable if you feel betrayed when your lawyer doesn’t put forth an adequate effort. What can you do when you have a bad workers’ compensation attorney? If you’re wondering how to fire your workers’ comp attorney, you’ve come to the right place. Here, we present several tips for finding the right attorney and getting the money you deserve. Can I Fire My Workers’ Comp Attorney? You can always fire an attorney, though the reverse isn’t true. A lawyer can’t always abandon a client. Before you fire your attorney, you’ll want to think about the consequences of that action. Also, you want to make sure that you have a good attorney to take over your claim. Why Should I Fire My Attorney? Clients usually want to fire attorneys who aren’t doing a good job. Sometimes, delays or other inconveniences in the lawsuit process occur despite the attorney’s best efforts. Other times, an attorney may lack the knowledge or motivation to give your claim the attention it deserves. Here are some of the top reasons why clients fire workers’ compensation attorneys: The case is taking too long, The attorney doesn’t understand the details of workers’ compensation, The attorney seems lazy, and The attorney doesn’t communicate well. Though any of these are valid reasons to fire an attorney, you should not rush to sever your relationship. Find out if your perception of your attorney’s incompetence is accurate before taking action and changing workers’ comp lawyers. Questions to Ask Before Firing Your Attorney Before firing your attorney, you should ask a few questions to determine whether the relationship is worth saving. These questions should give you a better understanding of whether your attorney is giving their best effort to your case: What is causing the delay in my case? Is there anything you can do to speed up the claim resolution? Why haven’t you communicated with me regarding updates on my claim? Can we schedule regular phone calls or conferences to update me on my claim? How many workers’ compensation cases have you handled? Can I speak to any former clients who may be willing to share their experience regarding your representation? What steps have you taken to resolve my claim? Sometimes, the answers to these questions will convince you that your attorney is doing their best. All legal matters require patience, and you may be blaming your attorney for delays caused by red tape. However, if your attorney’s answers to these questions put you further on edge, it may be time to look for better representation. Consequences of Firing Your Attorney While firing your attorney may be necessary for your claim to succeed, the action does have potential consequences. Be aware of these risks before you fire your attorney: It could delay your claim, as a new attorney takes time to catch up on the process; You could lose money on attorney fees; You could wind up with a worse attorney; and It may be challenging to find another attorney, as they may see you as a difficult client. In addition to viewing you as a difficult client, other attorneys may hesitate to take your case if they think it won’t pay well. That’s because most workers’ compensation attorneys work on contingency, meaning you don’t pay them until they win your case. At that point, your attorney takes a portion of your settlement (usually 10-20%) as their payment. When you fire one attorney, that attorney is entitled to payment for the portion of work they performed. A second attorney knows they’ll have to split attorney fees with someone else and may hesitate to work for less pay than they usually get. Speak to Experienced Workers’ Compensation Attorneys If you are unhappy with your legal representation, call the experienced attorneys at the Criminal Defense Attorney & Workers’ Compensation Law Offices of Arechigo & Stokka. Our lawyers have been representing injured workers for over a decade. We’re willing to take over workers’ comp cases where other lawyers have failed because we think every injured worker deserves superior legal representation. Contact us for a free consultation. You can ask any questions, and we’ll let you know if we can help with your claim.

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Understanding Workers’ Comp Settlements for Neck Injuries

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When you suffer a neck injury at work, it can impact your entire life. You may be in pain, unable to work, and struggling to pay bills. Workers’ compensation can help you get medical treatment and pay you wages while you’re out of work.  However, some companies don’t treat you fairly when you file a workers’ compensation claim. Our lawyers fight companies who harm employees or fail to give them fair compensation. We help clients get fair workers’ comp settlements for neck injuries. The first step to getting the money you need is understanding Minnesota workers’ compensation legal requirements. How Much Does Workers’ Comp Pay? Workers’ compensation is a no-fault system, meaning that even if you were responsible for your accident, it usually pays. However, workers’ compensation provides only limited payment, depending on the classification of your injury. While it’s hard for us to give an average workers’ compensation settlement, neck injury payments are based on the extent of your disability and your average wage before the accident.  After evaluating your workplace injury, a doctor may classify you as:  Temporarily partially disabled (TPD), Temporarily totally disabled (TTD), Permanently partially disabled (PPD), or Permanently totally disabled (PTD). Each injury classification allows for different compensation amounts for varying time periods. Temporary Disability Compensation Temporary disability workers’ compensation payments include: Two-thirds of your average weekly wage up to a maximum of $1,134.24 per week; and Medical bills. Temporary total disability payments cease when: You return to work; You reach maximum medical improvement (more medical treatment won’t help); or You reach 130 weeks of benefits for a temporary total disability. If you return to work with a temporary partial disability, you may not be able to work in the same role due to your injury. If your salary is reduced in your new workplace role, you can receive temporary partial disability payments to make up two-thirds of the difference. These temporary partial disability payments cease after you get them for 250 weeks or reach 450 weeks after your injury. Permanent Partial Disability Compensation If you are permanently partially disabled, you can receive a one-time workers’ compensation neck injury settlement sum or installment payments. Permanent disability payments are calculated based on the severity of your injury, and that required compensation schedule is provided in Minnesota law. Permanent Total Disability Compensation Permanent total disability qualifies you for two-thirds of your average wage (up to a maximum) for as long as you are disabled. This amount may reduce if you receive government disability payments. Get Legal Help for Workers’ Compensation At the Criminal Defense Attorney & Workers’ Compensation Law Offices of Arechigo & Stokka, we have been helping work accident victims for decades. We have the legal experience and courage needed to fight big businesses that harm their employees. Workers’ comp neck injury settlements can help injured workers, so we pressure employers to pay fairly.  If you need help getting workers’ compensation, contact our attorneys for a free consultation. We’ll treat you with respect and fight for your rights to fair compensation.

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Minnesota Drug Trafficking Penalties

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Drug trafficking is generally known as the most serious drug offense that carries the stiffest penalties. Drug trafficking charges refer to the weight of the drugs either sold or possessed. Although Minnesota’s drug law prohibits selling, possessing to distribute, or possession of narcotics, it does not reference a drug trafficking charge by name. But like other states and the federal government, Minnesota reserves the most severe punishments for drug crimes that involve a high weight of the narcotics.  If you or a loved one faces drug trafficking charges in Minnesota, then you need a tough, experienced, and highly skilled drug trafficking defense lawyer to represent you. A seasoned Minnesota drug trafficking attorney with decades of experience knows how to create a defense strategy that minimizes your chances of spending many years in prison. What Is Drug Trafficking in Minnesota? Minnesota categorizes its drug crimes by the weight of the narcotics. The state’s most serious drug crimes are first-degree controlled substance crimes. A person violates Minnesota’s first-degree controlled substance crime drug trafficking law by either selling more than a threshold quantity of drugs within 90 days or possessing more than a threshold amount of drugs. The various thresholds for first-degree drug crimes depend on the type of drug. Trafficking By Selling Narcotics Under this section, a person is guilty of a controlled substance crime in the first degree by selling on one or more occasions during the previous 90 days: 17 grams or more of cocaine or methamphetamine; 10 grams or more of cocaine or methamphetamine while in possession of a firearm or two aggravating factors; 10 grams of more of heroin;  50 grams or more of another narcotic other than cocaine, methamphetamine, or heroin; 50 grams or more, or 200 dosage units, of amphetamine, phencyclidine, or hallucinogenic drug; or 25 kilograms of marijuana or tetrahydrocannabinol. Minnesota law allows prosecutors to include mixtures of non-narcotics in the total amount of drugs. Trafficking By Possession A person could be convicted of a controlled substance crime in the first degree by possessing a specified quantity of certain drugs as well. A person is guilty of controlled substance crime in the first degree by possessing: 50 grams or more of cocaine or methamphetamine; 25 grams or more of cocaine or methamphetamine while in possession of a firearm or two aggravating factors;  25 grams or more of heroin; 500 grams of a drug other than cocaine, methamphetamine, or heroin, or 50 kilograms of marijuana or 500 marijuana plants. As with selling narcotics, the total weight includes the drugs and any other substance mixed in. How Much Jail Time for Drug Trafficking? The severity of the drug trafficking charges determines the amount of prison time a person could serve. A controlled substance crime in the first degree carries a maximum sentence of 30 years. The court could issue a fine of up to $1 million. However, the maximum penalty increases to 40 years if the accused has a previous controlled substance conviction. The law requires the person to receive at least four years in prison for a subsequent offense. The penalties increase if the state proves trafficking in the presence of aggravating factors. A person convicted of selling more than 100 grams or possessing over 500 grams of cocaine, methamphetamine, or heroin must serve 65 months in prison. The minimum mandatory is 86 months if the crime involved a firearm or the presence of two aggravating factors. People Facing Tough Drug Trafficking Penalties Need a Tough Lawyer If you or a loved one is facing drug trafficking charges in Minnesota, we can help. The drug tracking defense lawyers with the Criminal Defense Attorney & Workers’ Compensation Law Offices of Arechigo & Stokka will rely on their extensive trial experience to fight for you. Call Arechigo & Stokka today at 651-222-6603 to defend your drug trafficking charges aggressively.

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How Much Does a DUI Cost In Minnesota?

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The average cost of a DUI or DWI in Minnesota is much more expensive than one might expect. DUI fees can be staggering in Minnesota. You need to understand the potential financial impact of a DUI in Minnesota if you face DUI charges, in addition to any criminal penalties you face. A qualified Minnesota DWI defense attorney could explain all of the potential DUI fees you could pay if a court finds you guilty of DWI. The facts and circumstances of your case dictate the choices you could make. However, frankly discussing your DUI case with a seasoned and dedicated DUI attorney from Minnesota would help you make the best decision for you and your family. Average Cost of DUI No one appreciates the amount of money a DUI costs until facing DWI charges. How much does a DUI cost, can only be determined after a thorough analysis of your case. However, DUI fees begin to pile up immediately after a DUI arrest.  A person under arrest for DWI in Minnesota may need to post bond, depending on the severity of the DUI offense. A non-monetary conditional release might be appropriate for a person charged with a first-offense DUI without aggravating factors. However, you may have to post a monetary bond if you had an alcohol content double the legal limit, face a subsequent offense or caused an accident with injuries or death. State law governs bonds in Minnesota. Under Minnesota’s bond law, the bond for a misdemeanor or gross misdemeanor is double the maximum fine. There are no maximum bond amounts for a felony DWI in Minnesota. DUI Ticket Price The DUI ticket cost can increase if you receive a conviction for DWI. During an initial consultation, many people ask, How much is a DUI fine? The DUI ticket price depends on the charges.  Minnesota categorizes DUI charges by degrees. The maximum fine depends on the severity of the charges. Maximum fines under Minnesota’s DUI laws are: $1,000 for fourth-degree DWI, which is a misdemeanor; $3,000 for second- or third-degree DWI and breath test refusal, which are gross misdemeanor charges; and $14,000 for first-degree DWI, which is a felony. The maximum fines do not include surcharges or court costs. Also, a judge may assess these fines in addition to any jail time ordered by the court after a DUI conviction. Additional DUI Ticket Costs Most people charged with DUI ask about the DUI fines a court can impose. They do not ask about the other costs included as part of the average cost of DUI. Additional potential costs associated with a DUI conviction in Minnesota include: Ignition interlock device for 12 months—approximately $120 to install and $100 per month for maintenance; License reinstatement fees—$680 plus a $26.25 application fee;  Towing or impound fees—approximately $180;  Probation fees; Chemical dependency and treatment fee—$25; and Penalty assessment of $1,000 for an alcohol content reading of 0.16% or greater. Other expenses included in the average DUI cost are insurance increases of approximately 37% and possible lost wages. Keep DUI Costs to a Minimum By Avoiding a DUI Conviction The financial cost of even a first-offense DUI is enormous if you are convicted. One way to avoid paying the average cost for a DUI is to avoid a DUI conviction altogether. Consulting a highly trained and experienced Minnesota DUI attorney from the Criminal Defense Attorney & Workers’ Compensation Law Offices of Arechigo & Stokka could help you minimize your financial burden associated with a DWI charge. Call us today at 651-222-6603 to discuss your options.

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What Does TTD Mean in Workers’ Comp?

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When you’re injured on the job, there are lots of details to handle. You need medical treatment, but you also need to figure out how to pay bills. You assume workers’ compensation will help with your income, but how does it work? Workers’ compensation can be complicated, and it’s best to hire an attorney who will look out for your interests. One thing our attorneys at Arechigo & Stokka explain to clients is the difference between temporary and permanent disability.  Types of Workers’ Compensation Workers’ compensation programs use a lot of acronyms, which can be confusing. For instance, What does TTD stand for in workers’ comp? It’s simply a classification of disability. Workers’ compensation insurance labels the category of your disability:  Temporary total disability (TTD),  Temporary partial disability (TPD),  Permanent total disability (PTD), or  Permanent partial disability (PPD). These classifications depend on the extent of your injury and how likely you are to recover, based on a medical professional’s evaluation.  TTD Workers’ Comp In Minnesota So, what does TTD mean in workers’ comp? When workers’ compensation insurance labels you with TTD, it means they think you have a temporary total disability. This means that you can’t work at all now, but they expect you to be able to work in the future. You don’t have to prove that someone was at fault for your injury to get workers’ compensation TTD payments. Even if you were at fault for your workplace accident, you can still file for compensation. Workers’ compensation covers a new injury sustained on the job or an old injury aggravated by a workplace accident. Your injury must relate to an employment activity. How Much Money Is Available? TTD benefits pay two-thirds of your average weekly wage, though there is a minimum and maximum payment you can receive. Your employer’s workers’ compensation insurance will continue to pay you this benefit until you reach maximum medical improvement, meaning you have recovered or further medical treatment won’t help you get any better. At that point, you may be able to qualify for PPD or PTD benefits based on any permanent disability. Workers’ compensation also pays your medical bills and can pay for vocational rehabilitation. This means that if you can’t perform your job because of your injury, workers’ compensation will pay to train you for a new job. How Long Does Workers’ Compensation Pay? You are eligible for TTD payments for up to 130 weeks unless you enter a retraining program, which can extend the time you can receive payments. Workers’ compensation payments stop when any of the following occur: You reach 130 weeks of payment and are not eligible for retraining; You reach maximum medical improvement; You return to work; or You are medically released to return to work but don’t make an effort to do so. TTD workers’ comp is not a long-term solution for paying your bills. The compensation merely pays basic living expenses and medical bills while you are treated for your injuries. Contact a Minnesota Employment Attorney If you need someone to fight for your fair compensation, contact an experienced attorney. At Arechigo & Stokka, our attorneys fight for injured employees. We work to get you maximum compensation and safe job conditions.  Our attorneys have been helping injured employees for decades, and our compassionate, personalized approach can help you too. Contact us for a free consultation where we can discuss your situation and answer questions.

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Navigating Slip and Fall at Work Settlements in MN

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Have you been injured in a workplace slip and fall accident in Minnesota? These accidents are all too common, with nearly 700 workers killed in slip and fall accidents each year. Slip and fall accidents also cause more than 25% of all workplace injuries. If you experienced a slip and fall injury at work, you may need an attorney. Slip and fall accidents can cause life-altering injuries that impact your ability to work and provide for your family. Slip and fall at work settlements can compensate for the harm you suffered and allow you to pay the bills that may be piling up. Common Causes of Slip and Falls at Work In a busy work environment, employers must pay diligent attention to workers’ and customers’ safety. These common causes of slip and falls are likely to injure a worker: Uneven flooring, Spilled liquid, Loose flooring, Recently polished floors, Dim lighting, Wires stretched across the floor, Broken stairs, and Equipment left on the floor. Unfortunately, these hazards can seriously injure or even kill a worker. If you suffer an injury at work, your employer is responsible to compensate you under workers’ compensation law, regardless of whose fault the accident was. Additionally, you may be able to pursue a personal injury claim against third parties who act negligently, such as manufacturers and independent contractors. What to Do After a Slip and Fall After you experience a slip and fall at work, you’ll want to do these things right away: Seek medical attention to treat urgent injuries; Notify your employer that you slipped and fell at work; Take photos or gather other documentation of the circumstances of your accident; Write down the names of witnesses to the accident; and Contact an attorney for help determining whether to file for workers’ compensation or pursue a personal injury lawsuit. It’s important to take immediate action after your accident so that your employer doesn’t dispute your claim. Notifying your employer, “I fell at work,” and seeking medical attention will alert them to the severity of your injury. Evidence gathered at the scene of your fall at work and witness statements can help validate your version of events. How a Lawyer Can Help You may feel confused by the pushback you get from supervisors after you file an accident claim. Of course, employers don’t want to pay injured workers unless they have to. Hiring an attorney gives you a determined advocate who will pressure your employer to pay all legally required compensation. The attorneys at Arechigo & Stokka can help you evaluate the various Minnesota laws that apply to your case, from workers’ compensation to personal injury and product liability. Our attorneys will advise you on your best strategy for maximum compensation and work passionately on your behalf. Contact us today for a free consultation. Our legal professionals have decades of experience representing injured workers in slip and fall at work settlements. As a two-attorney firm, we deliver personalized representation and diligent focus on each client, attention that is difficult to find at a big law firm.  We would appreciate hearing your story and considering how we can help you win maximum slip and fall compensation.

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Is Sexting a Crime in Minnesota?

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Sexting, per se, is not a crime in Minnesota. Minnesota has not enacted any legislation specifically prohibiting sexting among minors. However, Minnesota law enforcement investigators and prosecutors rely on Minnesota’s existing laws to prosecute and convict people who engaged in sexting with a child or sexting involving a child. The consequences of a conviction for charges related to sexting and minors are incredibly severe. Not only are long prison sentences a genuine possibility, but the person convicted of these charges may also need to register as a predatory offender. If you find yourself under investigation or charged with crimes involving sexting and minors, or if your child could be in trouble for these crimes, contact Arechigo & Stokka, P.A., immediately. We will put together an aggressive defense strategy designed to eliminate or minimize the disruption sexting charges may have on your life.  Overview of Sexting  The term sexting became part of our vernacular several years ago. Sexting is the act of sending sexually explicit or suggestive text messages to another by any electronic means. Sexting is a risky behavior, even if it is just two consenting adults flirting with each other. Electronic messages containing sexually explicit content do not simply go away. They could be used later to embarrass, harass, or annoy one of the participants if the relationship sours. A person could face legal consequences for sexting if the person in possession of a graphic photo or video disseminates it without consent for public display. This is known as revenge porn.  The State of Minnesota recognizes the vulnerability of children. The state restricts access to sexually explicit material to people over 17 in an attempt to protect children. Moreover, a teenager could face criminal charges by sexting with another teenager or an adult, even if the adult consents.  When Is Sexting Child Pornography in Minnesota? It is illegal for children to send nude photos to each other or an adult. Minnesota law prohibits explicitly depicting a child in the nude or while performing a sex act. Also, Minnesota law outlaws possessing or disseminating pornographic materials showing children. Minnesota’s child pornography laws are strict. A teenager who possesses a nude photo, even of their significant other, if one of the participants is a minor, could face child pornography charges in Minnesota.  Sexting and Child Endangerment As a parent or guardian, you could get in trouble for sexting involving your children if you do not immediately stop the behavior. Under Minnesota law, a parent or guardian faces significant imprisonment if their child suffers physically, emotionally, or psychologically and the parent or guardian permitted the sexual abuse. Learning about your child engaging in sexting and failing to stop it could result in criminal charges for child endangerment.  Disseminating Harmful Matter to Juveniles Displaying explicit photos to a child and soliciting children to engage in sexual conduct like sexting are crimes in Minnesota. Using a computer or other electronic device to solicit children to send nude pictures or pornographic videos, including sexualized language, is a felony and can be prosecuted for engaging in electronic solicitation of a minor. Practically speaking, a minor who describes sexual activity to another minor via text commits a felony, even if committing the act itself might not be a crime due to Minnesota’s “Romeo and Juliet” law. Sexting Punishments in Minnesota Punishments for sexting depend on the severity of the offense. For example, possession of child pornography is a felony punishable by incarceration for up to ten years. Dissemination of child pornography is also a felony, and the person so convicted faces up to 15 years of imprisonment. Distributing sexual material to a minor is a felony punishable by up to three years in prison. Disseminating revenge porn is a gross misdemeanor but could be a felony warranting three years in jail if certain aggravating factors apply.  Registering as a Sex Offender for Sexting Minnesota requires people convicted of certain crimes to register with the state’s predatory offender registry. A person convicted of possessing child pornography, soliciting a minor to engage in sexual conduct, or using a minor in a pornographic work may have to register as a predatory offender.  Possible Defenses to Sexting The sexting laws for adults differ from the laws applying to children involved in sexting. Consent is not a defense to sexting unless both parties are adults. Consent might be a defense to distributing private sexual images as well. Minnesota law does not recognize accidental viewing or possession of a pornographic image as a defense. However, a skilled criminal defense lawyer could argue that the person who viewed the image unintentionally should not be convicted of the crime. The First Amendment may also give rise to defenses in certain cases. Entrapment could be a valid defense to crimes like dissemination or creation, but not possession of child pornography.  Law enforcement investigators will examine phones, computers, tablets, and other electronic devices and account information to obtain evidence. The investigators must first obtain a search warrant or the individual’s consent to examine any electronic device suspected of containing contraband. Filing motions to suppress evidence found on electronic devices could be a successful line of defense. If the judge rules the police did not have probable cause to get a search warrant or your consent was ineffective, the judge must exclude all evidence illegally seized from the trial.  Every case is different. Talking with a seasoned Minnesota criminal defense attorney about your specific case is the best way to understand which defenses might apply in your particular situation. Ask Us Any Questions You May Have The Minnesota criminal defense lawyers with Arechigo & Stokka, P.A., are available to discuss your case with you as soon as possible. Waiting to see what happens could be devastating. Call 651-222-6603 today to speak with an experienced Minnesota criminal defense attorney about whether you could face charges for sexting. Recent Case Result Free Speech Argued at Minnesota Supreme Court Criminal Defense Attorney John Arechigo continued to advocate for dismissal of charges...

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