Lakefield, MN asked in Criminal Law for Minnesota

Q: what are the trog factors a judge considers in minnesota for a defendant requesting a downward dispositional departure?

3rd degree murder charge but defendants score is very low, hardly no criminal history except minor drug possession and a petty theft.

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1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: 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 ensure that the defendant's amenability to probation distinguishes the defendant from most others and truly presents the substantial and compelling circumstances necessary to justify a departure. While social or economic factors cannot directly justify a departure, such facts may be relevant to determining whether a defendant is particularly amenable to probation. In determining whether a defendant is particularly suitable to individualized treatment in a probationary setting, for example, a court is permitted to consider the defendant’s age, prior record, remorse, cooperation, attitude before the court, and social

support. State v. Trog, 323 N.W.2d 28, 31 (Minn. 1982). Discuss with defense attorney.

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