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.”...
As many folks may be aware, April 20 (4/20) is a day to celebrate/honor/recognize marijuana. Just so you’re aware, in some states, it’s legal to possess marijuana for recreational use. These states include Alaska, Arizona, California, Colorado, Connecticut, District of Columbia, Illinois, Maine, Massachusetts, Michigan, Montana, New Jersey, New Mexico, New York, Nevada, Oregon, Vermont, Virginia, and Washington. However, even...
On the self-proclaimed “greatest night in television,” the 2022 Oscars, Will Smith slapped Chris Rock in the face after Rock made a joke about Smith’s wife, Jada Pinkett Smith. Rock made a comment about being excited for “G.I. Jane 2” to point out Pinkett’s shaved head, which triggered Smith’s response to defend her honor. After this tumultuous moment, fans are...
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...
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...
Many people may believe that an arrest is only legal if a police officer has a warrant to arrest the person or if the police officer sees the person commit a crime. However, this is not always the case; warrantless arrests are allowed under limited circumstances depending on the offense. For example, if the crime at issue is a misdemeanor,...
The word “conspiracy” is often thrown around in both criminal law and popular culture. People could be referencing anything from the moon landing to organized crime when they chat about conspiracies. Despite “conspiracy” being widely used, in criminal law at the state level, individuals are often shocked to be charged as a part of a criminal conspiracy. They often wonder...
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...
If someone says you are persuasive, you would probably take that as a compliment, right? The power of persuasion is often highly valued, especially in the legal field. But if someone says you are being coercive, this is less complimentary. In fact, coercion is a crime in Minnesota. Minnesota Statute § 609.27 defines the crime of coercion. Coercion is an...
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