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...
Read MoreMinnesota 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...
Read MoreMinnesota 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...
Read MoreWATCH 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...
Read MoreA 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...
Read MoreThe 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...
Read MoreEXPUNGEMENT 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...
Read MoreWe 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...
Read MoreDefending 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...
Read MoreThe recent opinion by the Court Appeals has left some uncertainty in Minnesota regarding an adequate legal remedy for what’s become known as “revenge porn” crimes. Frequent readers of our blog know that we recently prevailed at the Court of Appeals and convinced the Court that Minnesota’s criminal defamation law was unconstitutional because it violated the free speech protections of...
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