The 2023 Minnesota Legislature passed significant new laws impacting the length of probationary periods. Minnesota Statute 609.135, subdivision 2, has been amended in two primary ways. First, convictions for most felony level offenses now carry a maximum probationary period of only 5 years or the statutory maximum period if less than 5 years. Notable felony level exceptions to these changes...
In movies, books, television shows, and conversations with friends, the words “parole” and “probation” seem to be used interchangeably, but they are far from the same. Parole is a conditional release from prison where a parole officer will monitor how a recently released, former inmate is doing. There can be conditions of parole, such as no drug use or remaining...
The debate over legalizing recreational marijuana is coming to Minnesota. The Minnesota House of Representatives indicated they may take up the issue of marijuana this year, focusing on: broadening the medical marijuana program, reforming criminal justice to lessen penalties for nonviolent drug offenders, and “highly regulated” legalization of recreational use marijuana, in that order of priority. There is also potential...
Upon an arrest for a subsequent DWI within ten years of the first DWI, the driver almost always is jailed and held for a bail hearing before a judge in court. If the case resolves with a conviction (meaning either the driver pleads guilty or is found guilty by a jury), then the mandatory minimum amount of jail time required...
Can the courts really kick someone out of his or her own house? Yes, in certain situations. The most common we see is where the person who solely owns or rents the residence is accused of domestic assault. The accuser, who is in a domestic relationship with the accused, may not be on the title or lease, but lives primarily...
Yes! Wax is a concentrated version of marijuana made from a butane extraction. The higher levels of Tetrahydrocannabinols (THC) content make it more potent than traditional marijuana and lead to intense highs, all without creating an odor. Possession of weed or marijuana (the dried green, leafy buds) up to 42.5 grams is only a petty misdemeanor in Minnesota. However, possession...
There is an adage that says “There are three sides to every story: yours, mine, and the truth. And all three are right.” The sentiment behind this saying is that everyone can recall a particular event or circumstance differently, without any one of them being wrong. Differing memories, opinions, or impressions about the same event do not necessarily mean that...
Unfortunately, harassment of all types has been in the news recently. These behaviors range from childish and immature to dangerous and criminal. While protecting yourself from harassing or unwanted behavior is certainly important, understanding the difference between the common knowledge and legal definitions of harassment is important before determining an appropriate course of action. The common knowledge definition of harassment,...
Under Minnesota law, it is a crime to drive, operate, or be in physical control of any motor vehicle if your body contains any amount of a Schedule I or II controlled substance other than marijuana or its derivatives. Schedule I or II substances not only include illicit substances such as heroin, LSD, and Ecstasy, but also common prescription medications...
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...
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