An “aggravating factor” is a circumstance that can increase the severity of a criminal charge. With regards to a DWI charge (often called driving under the influence, or DUI), the presence of aggravating factors can be used to enhance a DWI charge from a misdemeanor to a gross misdemeanor, and, in some cases, to a felony. Aggravating factors for a...
Unfortunately, harassment of all types has been in the news recently. These behaviors range from childish and immature to dangerous and criminal. While protecting yourself from harassing or unwanted behavior is certainly important, understanding the difference between the common knowledge and legal definitions of harassment is important before determining an appropriate course of action. The common knowledge definition of harassment,...
In general, evidence of prior crimes or bad acts cannot be introduced at trial to prove that a person committed the crime for which they are currently charged. Under Minnesota Rule of Evidence 404(b), evidence of another crime, wrong, or act is not admissible to prove the character of the person or that the person acted in conformity with that...
Expungements for Minnesota offenses must go back to the county where the case was prosecuted. Offenses from other states are unable to be expunged in Minnesota. A Minnesota judge does not have jurisdiction over agencies and courts from other states. A Minnesota judge also does not have jurisdiction to expunge a federal case. And currently, there is no federal expungement...
Under Minnesota law, it is a crime to drive, operate, or be in physical control of any motor vehicle if your body contains any amount of a Schedule I or II controlled substance other than marijuana or its derivatives. Schedule I or II substances not only include illicit substances such as heroin, LSD, and Ecstasy, but also common prescription medications...
In State v. Rey, 905 N.W.2d 490 (Minn. 2018), the Minnesota Supreme Court held that “the identity-theft statute does not expressly require a district court to consider the amount of economic loss suffered by the victim or the defendant’s ability to pay when ordering restitution.” Rey argued that the identify-theft restitution statute is unconstitutional because it arbitrarily imposes a minimum...
Pursuant to Minn. Stat. § 609.5312, any person charged with a prostitution offense, who allegedly used their vehicle to commit the offense, can have their motor vehicle forfeited. The Minnesota Legislature recently changed the laws to require a conviction in these cases in order for law enforcement to keep the vehicle, but the police can hold a vehicle for months...
On Wednesday, January 31, 2018, the Minnesota Supreme Court issued a ruling changing a key component of domestic abuse law. Since 1988, when a person wanted to obtain a domestic abuse order for protection (OFP), the petitioner needed to establish that “physical abuse, bodily harm, or assault” had been “present” or “imminent.” Under this standard, if the court determined that...
In Minnesota, if a police officer has a valid search warrant for a suspect’s locked phone, that officer may compel that individual to unlock the phone by use of the fingerprint feature. In State v. Diamond, No. A15-2075, 2018 WL 443356 (Minn. Jan. 17, 2018), the Minnesota Supreme Court has recently affirmed the lower court’s ruling, that this practice does...
In the past, the waiting period language in the expungement statute has been interpreted two different ways when person has been charged with or convicted of a new crime since the person was discharged from their sentence (probation or parole). The two interpretations are: 1) if the petitioner has been convicted of a subsequent crime, that conviction must have occurred...
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