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Implied Consent: What Happens To Your Driver’s License After A DWI

Did you know that there are two sides of a DWI in Minnesota (and most other states)? Minnesota law provides that whoever drives on a Minnesota road gives “implied consent” for their blood alcohol level to be tested by the police if they have probable cause to believe that you are over the .08 limit […]

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How To Remove A B Card Restriction

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 […]

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Gang Databases: Potential For Abuse

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 […]

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Fifth Amendment Foul Up (Right To Remain Silent)

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 […]

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Expungement: How You May Seal Your Criminal Record

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 […]

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DUI DWI: The Minnesota Necessity (I Had No Choice!) Defense

We all know that driving while under the influence of alcohol is a crime. But when, if ever, is it justifiable? Should an impaired driver be permitted to drive to safety to avoid a rape, attempted murder, or assault? According to the Minnesota Attorney General’s office, the answer is no, under NO circumstances. Not even if that […]

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Drive By Shooting Ruled “Victimless” Crime By Mn Supreme Court

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 […]

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Child Porn: Example Of Federal Vs State Sentencing

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 […]

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Can I Use Lethal Force To Defend My Home?

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 […]

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Breath Test/Source Code Update July 2011

If you were arrested for DWI/DUI in Minnesota sometime between 2007 and 2011 and you took the Intoxilyzer (breath) test, odds are we filed a Source Code challenge for you. Many cases were consolidated statewide to a district court judge. His task was to decide whether the Intoxilyzer results were admissible in evidence. For the […]

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Brady Obligations: Make Sure Your Lawyer Gets All Of The Evidence!

Due process. These two words are the cornerstone of the American justice system. So what exactly is due process? Simply, due process requires that the laws and legal processes be fair. When the government treats a person unfairly, due process has been violated . Due process takes on many shapes; however, for the purpose of […]

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2010 MN Department Of Public Safety Crime Report

The Minnesota Bureau of Criminal Apprehension reports biennially to the Governor and Legislature regarding crime rates and the handling of crimes and criminals by law enforcement in Minnesota. It showed that violent crimes and property crimes were down slightly. A good defense lawyer will use these statistics to support a motion for downward dispositional departure, […]

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2 Men In Minnesota Sentenced For Drug Felonies

Two men were recently sentenced for serious drug crimes. The two individuals who committed felony drug crimes are ages 30 and 43. Still, any individuals in Minnesota who are accused of felonies are always presumed innocent until and unless their guilt can be proved in court. The 30-year-old man ended up being sentenced to a total of 52 […]

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Minnesota Man Accused of Multiple Felonies in Group Home

A 21-year-old Minnesota caregiver has been accused of multiple felonies after allegedly assaulting two residents at a group home. Authorities arrested the man after he voluntarily turned himself in, leading to charges including third-degree criminal sexual conduct. If convicted, he could face up to 30 years in prison, a $60,000 fine, or both. According to […]

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Accusation Of Medical Fraud Can Have Serious Consequences

Any criminal conviction can result in major penalties. However, if you are a caregiver or a medical provider in Minnesota, you realize that your career is at risk if you end up being charged with fraud. For this reason, it is critical that you consult an attorney right away if you are accused of engaging […]

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