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...
“I’m just smoking weed tonight, I’ll be your designated driver.” Perhaps you or a friend has said this before. The problem is that one can still get a DWI if he or she is smoking weed, even without drinking a drop of alcohol. In Minnesota, marijuana is an illegal controlled substance without a medical prescription. But in order to be...
Probably not, unfortunately. Many people think that every person in every interaction with the police must be read their rights, as seen on TV. This reading of rights is called a “Miranda” warning, which was set forth in the landmark U.S. Supreme Court case, Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966)....
Whether right or wrong, sometimes victims of domestic assault do not want their assailants to incur criminal charges and consequences. Police investigate these situations and provide their reports to prosecutors. It is prosecutors, and only prosecutors, who make decisions on whether to charge an individual with a crime, and how to resolve, dispose, or try a case. A prosecutor is...
Yes, possibly. If you possess or disseminate to others pornographic work involving a minor knowing or with reason to know its content and character, you could be guilty of a felony under Minn. Stat. § 617.247. A minor is any person under the age of 18. A nude picture could be considered pornographic work. This could involve any photo or...
The Minnesota Department of Public Safety recently announced that all existing ignition interlock customers must move to a wireless modem by January 1, 2017, and that any new installations of ignition interlock devices after September 2016 must also use a wireless modem. This wireless modem will apply to every person on ignition interlock in Minnesota who is a participant in...
First of all, bail is an amount of money that a judge may set on a criminal case. If bail is set, then the bail amount must be posted to the jail before the accused can be released from custody. As long as the accused makes all of his or her court dates and abides by all conditions of release,...
No, as long as we’re talking about a push-pedal bike and not a motorbike. Minnesota DWI/DUI laws only criminalize driving, operating, or being in physical control of motor vehicles. Under Minnesota law, motor vehicles are those that are self-propelled or propelled by electric power obtained from overhead trolley wires, including motorboats in operation and off-road recreational vehicles. People have picked...
The Minnesota Department of Human Services (DHS) conducts background studies on individuals before they can provide any direct contact services or, in the case of nursing homes or boarding care homes, before they can access residents and their belongings. This applies to facilities licensed by DHS, the Minnesota Department of Health (MDH), the Department of Corrections (for programs serving youth and children), and non-licensed personal care provider organizations. The background study is thorough and includes criminal history from the Bureau of Criminal Apprehension and records from county adult and child protection services, DHS, and MDH.
How is the Length of Probation Determined? In Minnesota, as long as life imprisonment or a mandatory minimum sentence is not required by law, a sentence of jail or prison time may be stayed. This means that the full sentence will not have to be served, provided the offender successfully completes probation. Someone cannot be placed on probation indefinitely, however....