Recent Posts in Criminal Defense Category
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Posted on Mar 14, 2012 By Minneapolis Criminal Defense Attorney
Though the majority of court hearings are open to the public, photo and video cameras have not been allowed. That is until recently. Last July, a pilot program was set up that may lead to photo and ...
Continue reading "Cameras In Minnesota Courts" »
Posted on Feb 28, 2012 By Minneapolis Criminal Defense Attorney
If you are seeking an expungement or facing criminal charges , an experienced attorney can be an important factor is helping you to resolve the matter and allowing you to move on with your life. Here ...
Continue reading "Things to Consider When Hiring a Criminal Defense Lawyer" »
Posted on Feb 13, 2012 By Minneapolis Criminal Defense Attorney
In a decision that completely avoided the real issue, the Supreme Court ruled in State v. Herman Tanksley, Jr. that blood alcohol concentration is irrelevant to a DWI charge of driving with an alcohol ...
Continue reading "Supreme Court Rules that Blood Alcohol Concentration Irrelevant to DWI Offense Where Urine Test Conducted" »
Posted on Jan 31, 2012 By Minneapolis Criminal Defense Attorney
In an unsurprising set of opinions filed January 25, 2012, the Minnesota Supreme Court upheld the requirement that defendants and juveniles charged with a crime that requires a DNA sample, but not ...
Continue reading "DNA Sample Required Even Though No Conviction" »
Posted on Jan 30, 2012 By Minneapolis Criminal Defense Attorney
The Minnesota Supreme Court will soon be reviewing Minnesota vehicle forfeiture law. The Minnesota Court of Appeals already considered Minnesota vehicle forfeiture law in a decision filed October 31, ...
Continue reading "Vehicle Forfeiture Law to be Reviewed by Supreme Court" »
Posted on Dec 22, 2011 By Minneapolis Criminal Defense Attorney
Particularly during the holidays, it is not uncommon to see reminders that extra DWI enforcement will be out. If after a night of merriment, you happen to be stopped by law enforcement, here are some ...
Continue reading "What Should I Do if I'm Stopped for DWI?" »
Posted on Dec 19, 2011 By Minneapolis Criminal Defense Attorney
The Minnesota Court of Appeals determined that a district court erred when they ordered a Defendant to register as a predatory offender . See State of Minnesota vs. Stevie Junior Killett . Defendant ...
Continue reading "Predatory Offender Registration Not Required for Defendant" »
Posted on Dec 15, 2011 By Minneapolis Criminal Defense Attorney
A Dakota County District Court's Sentencing Order was reversed by the Minnesota Court of Appeals because the District Court did not impose prison for the Defendant in a controlled-substance case . ...
Continue reading "Defendant to be Resentenced after District Court Erred by Imposing Jail in Lieu of Prison" »
Posted on Dec 13, 2011 By Minneapolis Criminal Defense Attorney
In State of Minnesota vs. David Steven Moody , the Minnesota Court of Appeals upheld the district court's imposition of jail time for a Defendant who had no prior criminal record. Defendant David ...
Continue reading "Jail Time Found to be Reasonable Condition" »
Posted on Nov 22, 2011 By Minneapolis Criminal Defense Attorney
The conviction of a Defendant found guilty of 3 counts of criminal vehicular homicide has been overturned by the Minnesota Court of Appeals, and he will be given a new trial. In State v. Jeremy Scott ...
Continue reading "Criminal Vehicular Homicide Victim's Alcohol Consumption Relevant" »
Posted on Nov 2, 2011 By Minneapolis Criminal Defense Attorney
A district court's order denying the suppression of evidence in a drug crime case was upheld by the Minnesota Court of Appeals in the unpublished decision State v. Ryan Anthony Colclasure . ...
Continue reading "Suppression of Evidence Upheld by Court of Appeals" »
Posted on Oct 27, 2011 By Minneapolis Criminal Defense Attorney
In State v. Thomas Allen Zais, the Minnesota Supreme Court held that marital testimonial privilege does not apply in disorderly conduct cases. Minnesota law has a marital privilege statute which ...
Continue reading "No Marital Privilege for Husband Charged with Disorderly Conduct" »
Posted on Oct 18, 2011 By Minneapolis Criminal Defense Attorney
In an unpublished opinion, the Court of Appeals upheld a district court's order suppressing two interviews in a criminal sexual conduct case involving a minor on the basis that the interviews were ...
Continue reading "Suppression of statements in 2nd Degree Criminal Sexual Conduct Case Upheld" »
Posted on Oct 16, 2011 By Minneapolis Criminal Defense Attorney
A district court decision that held a driver charged with DWI had been illegally seized was reversed by the Minnesota Court of Appeals recently in the unpublished opinion State v. Derek Wayne Johnson ...
Continue reading "DWI Illegal Seizure Overturned" »
Posted on Sep 1, 2011 By Minneapolis Criminal Defense Attorney
Seemingly innocent behavior can create reasonable suspicion officers need to justify a traffic stop if the behavior is repetitive. About 3:00 p.m. on January 23, 2009, two Minneapolis police officers ...
Continue reading "Traffic Stop Permitted for Repetitive Conduct" »
Posted on Aug 16, 2011 By Minneapolis Criminal Defense Attorney
In State v. Christian Ndikum , published August 15, 2011, the Minnesota Court of Appeals ruled that the State must prove that a Defendant knew he was in possession of a handgun in order to be guilty ...
Continue reading "Gun Possession Conviction Overturned by Minnesota Court of Appeals" »
Posted on Jul 19, 2011 By Minneapolis Criminal Defense Attorney
The Fourth Amendment of the United States Constitution protects against unreasonable searches and seizures by governmental entities. A violation of an alleged offender's Fourth Amendment rights ...
Continue reading "Overview of Search Warrants" »
Posted on Jul 14, 2011 By Minneapolis Criminal Defense Attorney
Bloomington City Police Department recently joined a select few law enforcement agencies, including Lakeville, Minneapolis, St. Paul, and the Minnesota State Patrol, that are implementing a new ...
Continue reading "New Technology for Minnesota Law Enforcement Vehicles" »
Posted on Jul 12, 2011 By Minneapolis Criminal Defense Attorney
In a concerning 8-1 decision decided May 16, 2011, the U.S. Supreme Court expanded police search powers and greatly reduced the constitutional protections against unreasonable search and seizures. The ...
Continue reading "U.S. Supreme Court Widens Police Powers" »
Posted on Jul 8, 2011 By Minneapolis Criminal Defense Attorney
An incriminating statement made by a codefendant to a third party can come in through testimony from the third party the Court of Appeals held in a decision filed June 20, 2011. See State v. Usee . In ...
Continue reading "Codefendant's Incriminating Statement Allowed into Evidence through Third Party" »
Posted on Jul 2, 2011 By Minneapolis Criminal Defense Attorney
As of July 1, 2011, the Minnesota DMV ceased issuing work permits or limited driver's licenses to first-time DWI offenders whose alcohol concentration was above 0.15 and all to any repeat DWI ...
Continue reading "New Ignition Interlock Driver's License Program for DWI Offenders" »
Posted on Jul 1, 2011 By Minneapolis Criminal Defense Attorney
For people who are concerned about previous convictions showing up on their criminal record, seeking an Expungement may be a viable option. Criminal records are public records, so a conviction that ...
Continue reading "Expungement Process Overview" »
Posted on Jun 29, 2011 By Minneapolis Criminal Defense Attorney
The Minnesota Court of Appeals decided that Defendants may withdraw guilty pleas if he or she is not informed that deportation may result from the conviction. Rene Rayes Campos entered a guilty plea ...
Continue reading "Withdrawal of Guilty Plea Allowed When Defendant Not Informed of Deportation Risk" »
Posted on Jun 27, 2011 By Minneapolis Criminal Defense Attorney
Two Minnesota Court of Appeals opinions filed June 27, 2011, allow for officers to obtain a urine sample from a driver suspected of DWI without first obtaining a search warrant. See Ellingson v. ...
Continue reading "No Warrant Required to Obtain Urine Sample" »
Posted on Jun 25, 2011 By Minneapolis Criminal Defense Attorney
A Court of Appeals decision filed November 30, 2010, reversed a district court's finding that a wife could not testify against her husband without his consent. The facts are as follows: the wife, ...
Continue reading "Marital Testimonial Privilege" »
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