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Category: Criminal Defense

Minnesota’s prison overcrowding issue

Prison overcrowding is a vast issue in Minnesota. With many policymakers insistent on the need for stricter sentencing and no tolerance for multiple-offense inmates, state prisons are bursting at the seams. Instead of reducing or eliminating prison terms for many non-violent inmates, especially those incarcerated for fraud and other white collar crimes, prisons are slowly releasing inmates in early release programs.

Questioning the validity of the breath test in Minnesota

When law enforcement officers stop drivers for suspicion of operating a vehicle while intoxicated, they routinely administer field sobriety and breathalyzer tests to determine the extent of the drivers’ inebriation. The same often occurs when officers perform routine traffic stops and believe they have reason to suspect that drivers are under the influence of alcohol.

Supreme Court says authorities can take DNA swabs

Although the consensus was far from unanimous, the Supreme Court ruled recently that law enforcement officials can take DNA swabs from those who are taken into custody for a serious criminal offense, regardless of whether or not they have been convicted. An article that was published in USA Today sheds light on the issue and the opinions of some of the Supreme Court members who voted.

What Happens If I Can’t Make Bail?

If you are arrested, one of the first court proceedings that you will attend is the Bail Hearing. During the Bail Hearing, the judge will determine what bail should be required to permit release pending resolution of the charges.

What Does the Right to Remain Silent Mean?

We often hear these words uttered in everything from television crime dramas to news media broadcasts. But what do these words mean exactly? And what rights to they offer criminal defendants?

Acquittal for former West St. Paul council member facing misdemeanors

It is not uncommon for people in St. Paul to get into disagreements with one another, especially when the dispute concerns their home environment. Some disagreements may be over property lines, some arise from planned construction projects and some may stem over barking dogs.

Man receives prison sentence after pleading guilty to Roseville accident

When people in St. Paul make a serious mistake, sometimes they panic and this can put them into an even more difficult situation, especially when the mistake develops into a criminal act. A criminal conviction for something like vehicular homicide or a hit-and-run can come with a number of consequences that include jail time, fines, probation, loss of income and public embarrassment.

Is a plea bargain the right choice?

Every day, people in Minneapolis are arrested and charged with committing a crime. Many are unfamiliar with the workings of the judicial system and the arrest, processing and filing of charges can be overwhelming. This can encourage people accused of domestic violence, murder or even DWI, to agree to a plea bargain.

Are Warrantless DWI Tests Still Legal in Minnesota after McNeely?–Part I

If you have a criminal DWI case or criminal DWI test refusal case, and/or civil implied consent driver’s license revocation cases pending, you may have heard of the recent U.S. Supreme Court decision in McNeely v. Missouri issued 4-17-13. In McNeely the U.S. Supreme Court held that Warrantless DWI Tests are illegal without consent or “exigency circumstances.” The U.S. Supreme Court said that Missouri could not take a non-consensual blood test from a driver in a standard DWI case (no accident) without either a warrant OR a showing of special circumstances like an emergency stemming from injured persons in a car accident (i.e. “exigent circumstances”).

DWI and Canada, New Rules May Not Help All With DWI Convictions

Previously in this space, we have discussed a number of the direct and indirect consequences of a DWI conviction in Minnesota. State laws generally govern many consequences, including sentencing issues and the impact a DWI arrest can have on a driver’s privilege to drive. However, a Minnesota DWI and Canada do Not mix well.

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