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      What is the Clean Slate Act, and Does It Apply to Me?

      What is the Clean Slate Act, and Does It Apply to Me?

      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.”...

      What Should I Know Before Celebrating 4/20?

      What Should I Know Before Celebrating 4/20?

      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...

      My Kid Has Been Charged with a Crime. What Should I Do?

      My Kid Has Been Charged with a Crime. What Should I Do?

      It’s not only big people that get into trouble with the law; sometimes our kids break the law and can get charged. Charges can vary from a petty misdemeanor up to a felony. When the police are investigating a crime involving a juvenile, there is a common misperception that a parent must be present when a child is interrogated. That’s...

      Can the police search my phone if they think I am texting and driving?

      Can the police search my phone if they think I am texting and driving?

      First of all, is texting while driving illegal? Yes. According to Minnesota Statute §169.475 Subd. 2 when a vehicle is in motion or part of traffic, the person operating the vehicle upon a street or highway is prohibited from using a wireless communications device to compose, send, or read an electronic message. In addition to texting, drivers are prohibited from...

      Hands-Free Driving

      Hands-Free Driving

      On August 1, 2019, a new hands-free driving law went into effect in Minnesota. In general, this law prohibits the use of handheld cell phones while driving. Minnesota has joined 16 other states and Washington D.C. in banning handhold cellphone use while driving. What Can I Do Under the New Law? The new law allows a driver to use their...

      Marijuana vs. Hemp – What’s Legal and What’s Not

      Marijuana vs. Hemp – What’s Legal and What’s Not

      In Minnesota, it’s illegal to possess marijuana, but not hemp. So what’s the difference? Basically, both hemp and marijuana come from cannabis plants. Hemp is marijuana with low-levels of THC, which is tetrahydrocannabinol, the main psychoactive part of the cannabis plant. In Minnesota, hemp is cannabis with a THC concentration at or below 0.3 percent on a dry weight basis....

      Sorry, Your Peacock is not a Service Animal

      Sorry, Your Peacock is not a Service Animal

      Beginning August 1, 2018, a new law in Minnesota will criminally penalize people who lie about service animals. Under the law, it is a crime to knowingly misrepresent an animal as an assistance animal in a public place to obtain rights and privileges available to someone who qualifies for a service animal. Minn. Stat. § 609.833 (2018). The new law...

      The Cops Ran My Plates and Pulled Me Over – Is That Legal?

      The Cops Ran My Plates and Pulled Me Over – Is That Legal?

      Who knows?! The constitutionality of license plate readers has yet to be challenged head on. Federal courts have decided that scans by license plate readers are constitutional searches that do not require a warrant because the plates are out in public, plain view and so there is no reasonable expectation of privacy. U.S. v. Diaz-Castaneda, 494 F.3d 1146, (9th Cir....

      What You Can and Cannot Do on Your Phone While Driving

      What You Can and Cannot Do on Your Phone While Driving

      First of all, if you are reading this while driving, PLEASE STOP. You should never do anything while driving that could distract and put you at risk of an accident. We are all guilty of this on some level. Changing the radio station or talking with passengers while driving is distracting, but certainly not illegal. Talking on your phone while...

      There’s no squad video, so will my case be thrown out?

      There’s no squad video, so will my case be thrown out?

      Highly unlikely. Over the past decade or two, dashboard-mounted police squad vehicle cameras have proliferated across Minnesota law enforcement agencies. Accordingly, squad video has become common evidence in cases involving traffic stops. But just because squad video may not exist in some criminal cases, that does not mean the prosecutor will dismiss the case. In these situations, it just means...

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      Blog Categories

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