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...
Read MoreIS 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...
Read MoreTEMPORARY TOTAL DISABILITY (TTD) The first potential work comp wage loss benefit is Temporary Total Disability. This is explained under Minnesota Statute section 176.101, subd. 1. Basically, an employee is entitled to this benefit if their doctor has indicated that they are unable to work because of the work injury, or, although they are capable of working with some physical...
Read MoreMINNESOTA EXPUNGEMENT As some of you may know, a new Minnesota expungement law took effect January 1, 2015. This new Minnesota expungement law, commonly referred to as the “second chance law,” has made obtaining an expungement much more realistic to many more people. Prior to the new law, courts were limited in the type of expungement relief they could grant. Our lawyer recently obtained a...
Read MoreA CLIENT’S FELONY CHARGES WERE DROPPED BY THE RAMSEY COUNTY ATTORNEY’S OFFICE TODAY. The client was facing felony animal cruelty charges. The charges stemmed from a falling out the client had with a former roommate. The ex-roommate left behind a bunch of personal belongings, including a pet python snake. After my client and his wife asked the ex-roommates to...
Read MoreOUR MINNESOTA CRIMINAL DEFENSE LAWYERS KEEP CLIENT OUT OF PRISON A recent client from Minneapolis, B.H., was facing a lengthy prison sentence after she was charged with contributing to the death of a young man who overdosed on drugs he bought from our client. B.H. was charged Great Bodily Harm Caused by the Distribution of Drugs, 3rd Degree Murder,...
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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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