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...
Nicole Kettwick and Eric Bain presenting a Minnesota CLE webcast on DWI Forfeitures.
Minnesota has different thresholds to separate the severity of theft crimes. Generally, if the value of the property or services taken is less, then the criminal penalties are less severe. See the table below for a breakout of these thresholds. Stolen Property Crime Max Penalties Firearm; or Property/services in excess of $35,000 Felony 20 years and/or $100,000 Property/services in excess...
The United State Supreme Court ruled today that in cases of criminal threats, the communicator’s intent matters more than the receiver’s interpretation. In the case at issue, Elonis v. U.S. (No. 13-983), Anthony Elonis was prosecuted for making threatening communications, under 18 U.S.C. § 875(c). Elonis posted statements on Facebook after his wife left him and took their two children....
A bill is moving its way through the Minnesota Legislature that contains important updates to Minnesota’s DWI laws. Lower aggravating factor threshold. Currently, there are four aggravating factors that enhance the severity of a DWI offense. These include prior DWI convictions or license revocations, having children under the age of 16 in the vehicle, test refusal, or having a blood-alcohol...
“Professor” Mike Brandt presented yesterday at the Minnesota State Bar Association’s Criminal Law seminar, “Everything But the Trial School.” He talked about tips and tricks for effective motion practice, based on his many years of experience.
Last week, the Minnesota Supreme Court heard final arguments regarding proposals to increase the amount of court records that are published online. Currently, court dispositions can be viewed online. But to see court records, such as criminal complaints or reports, one can only view them at a Minnesota courthouse, and must pay about $10 or more for printouts. Proponents of...
What exactly is bribery? The most common type of bribery refers to the offering, soliciting, or giving of any item of value as a means of influencing the actions of an individual holding a public or legal duty. There are serious consequences for bribing someone. In Minnesota, anyone who is guilty of bribery may be sentenced to a felony with...
The Minnesota Legislature and Governor Dayton enacted sweeping reforms to Minnesota’s expungement laws, which took effect January 1, 2015. A person’s criminal record aspect of their defense is perhaps second in importance only to their liberty. Minnesota has two distinct types of expungements: either you qualify for an expungement pursuant to statute, or you qualify pursuant to the court’s inherent...
When the State charges a defendant with a crime against a “vulnerable adult” (such as Criminal Abuse, Criminal Neglect, or Financial Exploitation of a Vulnerable Adult), one element the State must prove is that the victim qualifies as “vulnerable.” The definition for “vulnerable adult” found in Minnesota Statutes Section 609.232, subd. 11, can be kind of overwhelming. Here is a...