Over the next few months, Brandt Kettwick Defense will release a blog series (creatively called: “Understanding the Basics”) intended to provide basic explanations of specific crimes in Minnesota. While our Blog is intended to be informative to professionals and nonprofessionals alike, we always recommend contacting a Criminal Defense Attorney in the event you are (or someone you know is) charged...
One’s driver’s license is canceled as inimical to public safety after a third DWI offense within 10 years, a DWI offense within 10 years of special review, or four or more alcohol offenses in a lifetime. So, if this happens, what needs to be done to reinstate driving privileges after being canceled as inimical to public safety? Ignition interlock is required and the following steps must be taken, in accordance with Minnesota Administrative Rule 7503.1725.
A published decision came out today from the Minnesota Court of Appeals holding that a BB Gun (specifically, a .177- caliber pistol BB gun) is considered a “firearm” with respect to 609.165, subdivision 1b(a) (Ineligible Persons in Possession of a Firearm). The Court reasoned that the plain meaning of the term “firearm, ” as previously held by Minnesota Supreme Court,...
The Minnesota Department of Human Services (DHS) conducts background studies on individuals before they can provide any direct contact services or, in the case of nursing homes or boarding care homes, before they can access residents and their belongings. This applies to facilities licensed by DHS, the Minnesota Department of Health (MDH), the Department of Corrections (for programs serving youth and children), and non-licensed personal care provider organizations. The background study is thorough and includes criminal history from the Bureau of Criminal Apprehension and records from county adult and child protection services, DHS, and MDH.
BCD was fully represented at this year’s Criminal Justice Institute, presented by Minnesota CLE. Mike Brandt presented on “Pre-Trial Polygraph Testing” Nicole Kettwick moderated a panel titled “What We’ve Learned from Our First Trial” Mike Brandt and Eric Bain presented on “Asset Forfeitures Under MN Statute §609” You can find more information about CJI here: https://www.minncle.org/SeminarDetail.aspx?ID=106051601.
How is the Length of Probation Determined? In Minnesota, as long as life imprisonment or a mandatory minimum sentence is not required by law, a sentence of jail or prison time may be stayed. This means that the full sentence will not have to be served, provided the offender successfully completes probation. Someone cannot be placed on probation indefinitely, however....
A threshold between Misdemeanor and Gross Misdemeanor DWI charges will be lowered in August 2015. The “legal limit” for alcohol in Minnesota is .08. In other words, one way the state can prove a DWI is through a test of a driver’s blood, breath, or urine. If the test shows an alcohol concentration of .08 or more, the driver can...
Congratulations to Michael Brandt, who was selected as a Top 100 Lawyer in Minnesota by Minnesota Super Lawyers. Prior to receiving this award Mike has been named a Super Lawyer for the past 13 years. Only five percent of lawyers become Super Lawyers. Other attorneys then vote on the Top 100 based on a candidate’s Super Lawyer evaluation score. Becoming...
Congratulations to Nicole Kettwick who was named a Rising Star by Minnesota Super Lawyers. This outstanding accomplishment is only given to 2.5 percent of lawyers in Minnesota. To be selected as a Rising Star, candidates must be nominated by colleagues and have been practicing law for ten years or less. Nominees are then observed in action whether as opposing counsel...
Nicole Kettwick and Eric Bain presenting a Minnesota CLE webcast on DWI Forfeitures.
Blog Categories
- Assault
- Burglary
- Child Pornography Possession / Distribution
- Criminal Vehicular Operation
- Disorderly Conduct
- Domestic Assault
- Drug Crimes
- DWI or DUI
- Expungement
- Felony Offenses
- Forfeiture
- Gross Misdemeanor
- Gun Rights
- Harassment Restraining Order
- Juvenile Crimes
- Malicious Punishment of a Child
- Marijuana in a Motor Vehicle
- Misdemeanor
- Murder / Homocide
- Obstructing Legal Process
- Order For Protection
- Petty Misdemeanor
- Possession of Firearm
- Probation Violation
- Prostitution
- Robbery
- Sex Crimes
- Sexual Assault
- Theft
- Traffic Violations
- Underage Drinking
- Underage Drinking and Driving
- White Collar Crimes