Minnesota law states that anyone currently serving a felony sentence on election day (Tuesday, Nov. 6) is not eligible to vote. This includes people currently incarcerated, serving on probation, or those who have been granted parole for a felony offense. The right to vote is restored once the felony sentence has been completed. The election judge may require you to...
If you are charged with a DWI in the state of Minnesota and your vehicle is subject to forfeiture, you have the right to challenge the State’s forfeiture attempt and demand a judge to review your claim. The Minnesota Supreme Court recently ruled that the State may only forfeit your vehicle when you are convicted of a ‘designated offense. For example, if you...
One of the biggest threats to the licensed pawn/secondhand dealer industry is the legal status of the property involved. The Minnesota statutes regulate the pawnbroker business, including how long records of transactions must be kept, the people who are eligible to pledge or sell property, and the place where pawned goods must be kept. During the transaction, pawnbrokers are required...
What is an electric-assisted bicycle? An electric-assisted bicycle is a “bicycle” not a “motor vehicle.” The requirements of an electric-assisted bicycle are: 1. Has a saddle and fully operable pedals for human propulsion; 2. Maximum 1000 watt electric motor; 3. Maximum speed of 20 miles per hour; and 4. Motor disengages when brake applied An electric-assisted bicycle is not to be confused with a...
What is a “Statute of Limitations”? In the criminal setting, a statute of limitations is a statute that prescribes a maximum period of time after an event that the State can press criminal charges. A criminal prosecution must be commenced within a certain time for most criminal offenses. The limitation lengths vary by crime. Some crimes do not have any...
What Constitutes Kidnapping in Minnesota? Kidnapping in Minnesota is a crime that occurs when a person confines or removes any person without that person’s consent in order to commit the following: hold for ransom or as a hostage; as a way to commit a felony or flee from a felony; to terrorize the victim or another, or commit great bodily harm; to hold in involuntary servitude....
When can I be arrested for driving under the influence? First, it important to note that not everyone who is arrested will spend the night in jail. Sometimes a person will be released after being arrested . You will be arrested for a DWI if the officer can show probable cause for intoxicated driving. (Minn. Stat. § 169A.40). You will spend at...
What types of crimes are considered “Crimes of Violence”? Crimes of violence include felony offenses involving the commission or attempt of the following (Minn. Stat. §624.712, subdivision 5): Murder, manslaughter, assault, or encouraging suicide; Using drugs that poison, stupefy, overpower, or numb to injure or make a crime easier (Minn. Stat. §609.235); Robbery, and 1st-3rd degree burglary; Stealing an automobile, weapon, controlled substance,...
In Minnesota, a criminal sentence can be imposed in a variety of ways. Different sentences carry significannt implications for a person’s criminal record. This article will examine the different types of sentence dispositions. For comparison’s sake, let’s use the example of a First Degree Assault which carries a sentence of up to 20 years in prison. But let’s assume the...
Under certain circumstances, a vehicle may be subject to forfeiture by the state along with a DWI. There is a presumption of forfeiture under the following circumstances: (1) if the driver is convicted of the designated offense upon which the forfeiture is based; (2) the driver fails to appear for a scheduled court appearance for the designated offense charged (and...