Broad Terroristic Threat Laws Problematic For Minnesotans

Terrorist attacks around the world and mass shootings at home created an atmosphere where even the hint of violence cannot be ignored. Since 9/11, Minnesota enacted a series of stricter and stricter laws regarding “terroristic threats”; however, the vague and broadly defined term has become problematic for Minnesotans. What was once considered just an angry word can now be prosecuted as a felony offense that will stay with the convicted person for the rest of his or her life.

Definition

Ask a criminal defense attorney in Minnesota to define “terroristic threat”, and you’ll likely get a different answer each time. Generally speaking, a terroristic threat is any threat of violence against a person or property; or a disruption of public services. Minnesota uses a three tiered system to categorize the degree of the threat, but all three tiers are felonies.

Problems For Minnesotans

At issue for a criminal defense attorney in Minnesota is the vague nature of the law. Four areas are specifically troublesome.

  • How the threat is conveyed: In Minnesota, a threat can be anything from a verbal tirade to a written statement, but new rules allow prosecution for innuendo and body language. In those cases, the intent of the accused is less important to the courts than the perception of the person who found the action threatening.
  • Specifics of the threat: A person accused of making a terroristic threat can be convicted even when there were no specifics about the time or method of attack. So long as the threat includes mention of death, injury or damage, a threat exists.
  • Probability: The threat must be considered reasonable and viable by the person hearing it for the threat to be a crime. A 12 year old threatening to destroy the school with a tank is not going to be convicted of terroristic threats. On the other hand, an adult who makes the same claim could be held responsible, even if the possibility of that person driving a tank is remote.
  • Degree of terror: If the person hearing the threat feels terrified, the State can prosecute, even if there was no intent behind the threat.

A criminal defense attorney in Minnesota will be necessary to protect the rights and freedoms of anyone accused of making terroristic threats. The laws as so broad, and the punishments so severe, that Minnesotans shouldn’t take a risk.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.
People arrested or charged with a crime may wonder, “How long do I have to get a criminal lawyer?” There is no strict deadline to hire a criminal lawyer in Minnesota. However, it’s advisable to hire one immediately if you get arrested, charged, or are under investigation for a crime. Getting legal representation on time protects you from making mistakes that can compromise your case. It also allows your lawyer to build a solid defense strategy that can increase your likelihood of getting a positive outcome from your case.
Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.