What To Know About Sentencing Guidelines In Minnesota

At the time of sentencing, either the defendant plead guilty or was found guilty at trial. The sentencing is when the judge determines what your sentence/outcome will be. Typically whether jail or prison time will served or whether there will be a dispositional or durational departure. At the time of sentencing, a defense attorney should file a sentencing brief outlining the reasons for the departure. A downward dispositional departure means that the judge will consider whether to stay the … [Read more...]

What You Need To Know About Appealing Your Criminal Case

Were you convicted at a jury or bench trial and thinking about appealing your case? There are a number of things that can be appealed. There are also very strict deadlines of filings that need to be filed in order to properly preserve your right to appeal. An appeal means that you want to petition a decision or verdict to a higher court. Typically, a post conviction relief motion is also filed to the district court where the trial was heard. If the petition for post conviction relief is denied, … [Read more...]

Bifurcation of Charges Allowed In Expungement Cases

In 2015 the court of appeals affirmed an expungement case where bifurcation of the charges was granted in one incident where two separate charges arose. What does bifurcation mean? Bifurcation means the point or area at which something divides into two branches or parts. The court of appeals case known as T.J.Z. stemmed from a case where the defendant was pulled over and charged with fifth degree drug possession of a controlled substance and one count of fourth degree driving while impaired … [Read more...]

Was Your Car Seized Or Subject To Forfeiture As A Result of A DUI/DWI Charge?

If you have been arrested for DUI/DWI, your car will be subject to the forfeiture laws in Minnesota. In Minnesota, a second degree gross misdemeanor DUI is a designated offense in terms of Minnesota forfeiture laws. Forfeiture means the state of Minnesota allows for the arresting agency to sell or keep the vehicle involved in the DUI charges. A 2nd degree DUI can arise in many different situations. For example, if a driver has three offenses in the past ten years or if the driver has one prior … [Read more...]

Criminal Sexual Conduct Charges Dismissed For Client

A client of Max Keller of Keller Law Offices received a dismissal of his criminal sexual conduct charges in Morrison county, Minnesota. After multiple hearings and motions, the prosecutor ended up dismissing all charges. The client was charged with criminal sexual conduct in the  2nd degree – victim under 13 – Actor > 36 months old , in violation of Minn. Stat. § 609.343.2(a). The statute lays out several ways that someone can be charged with 2nd degree CSC, such as having sexual contact … [Read more...]

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