As with many legal questions, the answer is it depends. In 2021, Congress signed a bill into law that requires the court to defer prosecution for an “eligible offense” committed by a defendant who was or currently is a member of the United States military and is suffering from an “applicable condition.” Eligible offenses include any misdemeanor or gross misdemeanor,...
There has been a new bill that passed Minnesota’s House of Representatives that aims to help make expungements easier for those with criminal records – it is called the Clean Slate Act. Representative Jamie Long drafted the bill with the premise of allowing the population of Minnesotans with a criminal background, approximately 25 percent of residents, an “opportunity for redemption.”...
The short answer is—sometimes. There are three general circumstances when lying to the police is considered a crime in Minnesota: Lying about your identity; Filing a false police report or lying about police misconduct; and Lying under oath (perjury). Lying About your Identity In Minnesota, it is a misdemeanor to give a fictitious name, date of birth, or identification card...
Fingerprinting laws are different for adults and juveniles. For juveniles, fingerprinting is required under Minnesota law if the child is arrested for, appearing in court on a charge of, adjudicated delinquent for, or alleged to have committed a felony or gross misdemeanor. Juveniles admitted to jails or detention facilities or referred by a law enforcement agency to a diversion program...
We hear people talk about getting fingerprinted for a variety of reasons. But where do these fingerprints go? And when does someone need to get fingerprinted? Fingerprinting data is sent to the Bureau of Criminal Apprehension (BCA). The BCA compiles fingerprints and other identification data into a criminal database to facilitate connecting individuals to crimes. Fingerprinting data will stay within...
Getting your concealed carry permit (CCP) is a big responsibility as well as a feeling of safety for a lot of gun owners. However, possessing a gun on your person comes with heightened standards of conduct that, if you violate, could get you arrested and potentially charged with a crime. The Minnesota Citizens’ Personal Protection Act of 2005 contains the...
You’ve been convicted or pled guilty to a crime and have a date scheduled to get sentenced. In your upcoming sentencing hearing, has the Court ordered a “PSI”? The court may, and sometimes must, order what is called a presentence investigation or PSI (Minnesota Statutes § 609.115). A PSI is conducted by a probation officer, or a social worker or...
It is that time of year again. Halloween is upon us and children everywhere are thrilled at the opportunity to go door to door and collect their mini Snickers. But the adults and teenagers look past the sugar highs and aim their attention to adrenaline highs and extreme scares. Before you think the perfect Halloween night is lighting candles at...
Under Canadian Immigration Law, if a non-Canadian citizen has a criminal record, he or she may be denied entry to Canada or otherwise said to be “criminally inadmissible.” The United States Federal Bureau of Investigation (FBI) criminal database and the Royal Canadian Mounted Police (RCMP) crime database are synced, allowing the Canada border to quickly access individual U.S. criminal records....
Forty-six states and the District of Columbia have passed revenge porn laws, but courts are increasingly considering the constitutionality of the statutes on First Amendment grounds. However, there is little cohesion among state revenge porn laws. Two recent cases in Illinois and Texas, People v. Austin and Ex Parte Jordan Bartlett Jones, have challenged revenge porn statutes on First Amendment...
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