Take a look at the grounds for downward dispositional departure (from presumptive sentence) listed in this year's version of the Minnesota Sentencing Guidelines (available free on their website). These include a requirement that a defendant be “particularly” amenable to probation, to... View More

When I represent a client, I obtain as much information I can about all the facts and circumstances related to the case. Then I analyze it all for legal issues that could benefit my client. When first discussing a case with some who is not a client, naturally we have start somewhere, with first a... View More

The defense could challenge the authenticity of a video (is it what the proponent says it is) just before the trial starts, in a "motion in limine" or as an objection to it's admission into evidence during the trial. It would be helpful to have some evidentiary basis for doing so,... View More

In Minnesota courts, the prosecution would not be required to call as a witness for examination at trial every person with access to video footage evidence. However, the defense could potentially subpoena those witnesses, to come testify. (Though that does not mean this would necessarily be a... View More

In general, a typo or inadvertent error won't matter for the ultimate issue of outcome. But sometimes, the defense can find a way to benefit from them. Therefore, it's not always a good idea to draw attention to such errors, which can easily be fixed (unless that is more important to... View More

To my knowledge, the answer is "no." The National Highway Traffic Safety Administration (NHTSA) is a federal agency providing support and funding to local law enforcement agencies, as well as funding and collecting scientific research. NHTSA's two similar programs for law... View More

It's important for non-citizens facing any criminal charge to consult with an Immigration Lawyer about their situation and implications on current and future immigration status. Having said that, as a Criminal Defense Lawyer, my understanding that a misdemeanor theft conviction is considered... View More

As a criminal defense lawyer, I discuss the charges, potential defenses and evidentiary issues with my client, and help them set an outcome goal - within days of being retained. I look at all available information. If my client had told police repeatedly that they did not understand their rights... View More

A judge cannot order a relationship to end, at least not in those terms, per se. But courts often order "no contact" in a few contexts, including an "Order for Protection (OFP)" via family court, or a "Domestic Abuse No Contact Order (DANCO)" in criminal court. The... View More

The description seems to state that there may be two problems preventing someone from getting out of jail: 1) the "home" county judge's order that she be released to inpatient treatment but those arrangements have not yet been made; and 2) a warrant or hold from another county,... View More

It's personal decision. I would fight every traffic charge in an effort to either avoid a conviction being certified to the driver's license record. And having a clean record for the past 3-5 years will help in that effort. Also, any time a person is involved in a traffic collusion,... View More

If a person is in jail on body-only holds from two counties, the person will not be released until both are removed. Usually the hold from the "other county" will remain until the hold from the "home county" is released - assuming both are for alleged probation violations.... View More

Police can have RADAR speed measuring devices with a rear facing antenna, but not all do. A common issue with RADAR-based speed enforcement is the police officer's basis for identifying which vehicle was being measured by the RADAR machine. That issue tends to be situation specific (e.g.,... View More

Because Minnesota Statutes §609.735 CONCEALING IDENTITY, appears to make wearing a mask "to prevent spread of disease" (as opposed to "medical treatment"), in public, a crime; I would challenge any attempt to enforce an "executive order" to the contrary. I've... View More

I would look at the police officer's claimed basis for the traffic stop. Pursuit onto private property, alone, is unlikely to be a defense winning issue, however. You lawyer will look at the basis for the stop, for the roadside investigation, for the searches, and for the arrest, as well as... View More

That alone would not likely result in dismissal of the charge. It could result in amendment of the charge. I'd suggest setting a goal for outcome. Then try to achieve that goal. If that cannot be done via discussion with the prosecutor, then set it for trial and try to win the case before... View More

Minnesota Rules 7409.2200 HABITUAL VIOLATORS, directs the Minnesota Department of Public Safety to suspend the driver's license for 30 days, if the commissioner has previously sent a violation warning letter to the person and the person is convicted of:

(1) four [petty or worse]... View More

When the government prosecutes a person, it commences an adversarial relationship. And so we on the defense side of their prosecution have no duty to help them. If the prosecution lacks evidence for the violation charged, sooner or later, it should be dismissed. But, the prosecution can fairly... View More

Minnesota Statutes section 169.14 , Subd. 2a, increases speed limits when passing by ten miles per hour over the posted speed limit when the driver is on a two-lane highway having one lane for each direction of travel, and certain other conditions apply. But exceeding the posted speed limit... View More

Since a good answer would require the information already possessed by your lawyer, it would make sense to ask your lawyer this question. Different issues can be appealed form the trial court, at different stages in the process. For example: (1) the prosecutor can appeal a pretrial ruling in... View More