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,...
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Firm News
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...
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 5th 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...
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....
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...
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...
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...
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....
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...
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...