Jurors are the ultimate judges of fact, and seldom will a judge overturn a jury’s verdict. Although judges can provide useful tips to lawyers after trial in order to help them improve, there is perhaps no better teacher than a juror. Why, then, do some judges insist...
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Third Degree Assault 609.223 In MN
So, you’re being charged with a 3rd degree assault. But what does that really mean? Minnesota Statute 609.223 says: Here’s what that means in detail: First, the prosecutor needs to prove that there was an assault . There are two ways someone can assault another...
Terroristic Threats: Minnesota Statute 609.713
You’ve been charged with terroristic threats? It’s a charge you can’t live with on your record. The label itself will make it nearly impossible for you to find a job. Here’s what terroristic threats means under Minnesota law: The Minnesota terroristic threats statute...
Self Defense: A Lifesaver
Self defense can be a lifesaver, literally and figuratively. It’s one of my favorite defenses in criminal law, and I’ve successfully used it in dozens of cases. But self defense does have its limits, at least in Minnesota. For now, I’ll group self defense into three...
Residential Mortgage Fraud 609.822
Prosecution for alleged mortgage fraud cases in Minnesota has exponentially increased since 2007. This is due to several factors including but not limited to the crash of the real estate market and the willingness of the mortgage industry to gloss over sound lending...
Miranda: Say “I Want A Lawyer”
Young people often lack good judgment and make mistakes. It’s part of growing up. However, youthful mistakes can result in criminal charges and serious consequences that can cast a long shadow over a once-bright future. At Arrested MN, we represent clients in juvenile...
Jury Instructions And Voluntary Intoxication
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...
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...
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,...
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...