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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 that much more difficult for… Read Full Case Study

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 these cases showed that the… Read Full Case Study

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 most part, he decided that… Read Full Case Study

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 court. Our juvenile criminal defense lawyers work to minimize the negative consequences to young clients today and… Read Full Case Study

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 or under the influence of… Read Full Case Study

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 subgroups: 1) death not the result; 2) death as the result; and 3) defense… Read Full Case Study

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 check will assume that if… Read Full Case Study

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 defend your home, even with… Read Full Case Study

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 privileges. The idea behind the… Read Full Case Study

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