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...
In Minnesota, when a person is suspected of driving while impaired, or when a person was involved in a motor vehicle accident or collision which results in property damage or personal injury, the person may be required to take a chemical test. This process is known as the Implied Consent law. Like any other choice in life, a person may...
It’s that time of year again…Minnesota Pardon Applications are due December 1, 2017, for the spring 2018 hearing. The Minnesota Pardon Board meets twice per year to consider pardon applications. Many people ask whether a criminal sexual conduct conviction can be pardoned. In Minnesota, any offense can be pardoned, however, the Pardon Board has indicated a general hesitancy to pardon...
So you have a domestic assault conviction for causing bodily harm to a romantic partner or a person to whom you are acting as a parent. Your gun rights are gone for life under the federal Lautenberg amendment, 18 U.S.C. 922(g)(9). How to fix this? Some mistakenly believe they can file a petition in district court to restore the right...
The Minnesota Supreme Court ruled that DFE is not a hazardous substance for DWIs. State v. Carson, A15-1678 (Minn. Oct. 11, 2017) (read the case here). In Minnesota, one can get a DWI without consuming alcohol, but can if under the influence of a controlled substance, with any amount of a Schedule I or II controlled substance (except marijuana), or...
A man in Georgia was convicted of Disorderly Conduct for flipping his pastor the bird during their Sunday service. The Georgia Supreme Court then overturned the conviction because he is constitutionally protected under the First Amendment. (Read the Opinion Here) This begs the question; can I get in trouble in Minnesota for flipping the bird? The answer is possibly. Georgia’s...
In order to restore gun rights following a felony conviction for a crime of violence in Minnesota, Minn. Stat. § 609.165, Subd. 1d states a person must demonstrate good cause to restore rights. What is good cause? The only published, precedential case on this area of law is State v. Averbeck, 791 N.W.2d 559, 561 (Minn. App. 2010). In determining...
The Minnesota Supreme Court held as unconstitutional a portion of the disorderly conduct statute related to disturbing lawful assemblies or meetings, but did not rule on other portions of the statute. The Court ruled in the case of Robin Hensel, who was charged with disorderly conduct under Minn. Stat. § 609.72, Subd. 1(2). Ms. Hensel attended a Little Falls City...
The recent spring 2017 pardon board hearing on June 14, 2017, revealed the Minnesota Pardon Board, made up of Minnesota Governor Mark Dayton, Minnesota Supreme Court Chief Justice Lorie Gildea, and Minnesota Attorney General Lori Swanson, is reluctant to pardon domestic assault offenses. Many Minnesotans convicted of a domestic assault offense are prohibited from possessing firearms under 18 U.S.C. 922(g)(9),...
The Minnesota Legislature changed a provision of the DWI laws pertaining to a deadline for filing challenges to driver’s license withdrawals. Specifically, when one is arrested on probable cause of driving while impaired and either refuses or fails a breath test, the driver is supposed to be notified of a loss of driving privileges, which is an administrative penalty. Of...