Author name: Casey Fuerst

At the end of a criminal trial, the judge reads a set of instructions to the jury to guide them in their deliberations. These instructions are called “jury instructions” and while many of them are standard, they should be uniquely crafted to fit the particular issues in each criminal case and accurately state the law. […]

In Minnesota, people with at least three DWI’s in their lifetime may have a “B Card” restriction on their driver’s license. What that means is that the DMV has placed an alcohol restriction on your driver’s license. If you’re caught consuming ANY amount of alcohol, whether you’re driving or not, you will lose your driving

Goodbye, GangNet Gang databases are dangerous. In theory, they can be a proper tool of law enforcement. But in practice, they can be abused. Having your name on a gang database is troubling, especially if you’re not actually in a gang. Law enforcement and prosecutors know that any alleged association with a gang makes it

I’m in shock. The Minnesota Supreme Court just put a HUGE dent in a criminal defendant’s Fifth Amendment rights. Up until now, if an out-of-custody defendant (or their attorney) chose not to participate in a police interview, it couldn’t be mentioned at trial. The rationale was that a defendant has a 5th Amendment privilege against

What Is Expungement, And How Can It Help Me? Expungement is the process of sealing your criminal record. People make mistakes, but should those mistakes brand them for life on their criminal record? Not always. People change, move on, and learn from their mistakes. But unless your criminal record is expunged, employers performing a background

Unbelievable. Not only has the Minnesota Supreme Court made drive-by shooting a “victimless crime,” the Court sentenced a man to 9 years in prison for simply handing a gun to another. And the worst of it: no one was shot. Only minor property damage resulted. Drive-by shooting refers to an incident in which someone fires

The federal criminal system is generally more punitive than State court. This case is a good example: The feds charged this defendant for producing and possessing several pornographic images of children, and the state simultaneously charged the defendant with the sexual assault of one of the children depicted in the pornographic images. The facts of

Every State has different laws regarding what amount of force you can use to defend your home. Some States require you to retreat before you use any force. Others do not. Some States limit the amount of force you can use depending on the circumstances. Others do not. In Minnesota, the law permits you to