Colton’s Law To Become New Law?

Colton’s Law just might be a new law in Minnesota. Colton’s Law stems from an incident where Colton Gleason, a 20-year-old male was attacked by Jesse Smithers. Jesse Smithers was a 17 year old who had just recently been released from jail a few days before he attacked Gleason. The attack occurred in St. Cloud, Minnesota on September 21, 2012. Gleason was walking with a group of friends when a car pulled up to the group. There were five to seven people in the car who passed by them and stopped. Smithers punched Gleason in the head and Gleason regained consciousness but later died at the hospital. Smithers was 18 years old and was sentenced to 10 years in prison. Smithers admitted to punching him the face. Smithers plead guilty to 2nd degree murder in November 2013. He plead guilty to second degree murder and in return the first-degree manslaughter charge was dropped. Smithers was also certified as an adult and therefore was not able to have his case heard in juvenile court. Smithers had a long criminal history and had been in jail for assault in the past. Smithers apologized and claimed that it was an accident. The two girls that Gleason was with were not hurt and gave descriptions of the attackers to the police. Gleason was a student at Minnesota State University and was studying business. This case also gained attention throughout the State for the attack. Smithers’ mother insisted that he did not bring it on himself out of nowhere.

What is Colton’s Law?

The bill would be named after Gleason and would require offenders sentenced to electronic monitoring to have the device put on them immediately before they are released back into the community. The new bill states that “Minnesota Statutes 2014, section 244.15, subdivision 6, is amended to read: Subd. 6. Electronic surveillance. During any phase, the offender may be placed on electronic surveillance if the intensive supervision agent so directs. If electronic surveillance is directed during phase I, the commissioner must activate electronic surveillance prior to releasing the offender from confinement or the intensive supervision agent must directly supervise the offender until electronic surveillance is activated.” Stay tuned to see what happens with Colton’s law.

It is also very important to hire an attorney to argue that the juvenile case should not be certified into adult court. An attorney should be present at the hearing. If you are a juvenile, it is critical that you hire a juvenile defense attorney. Max Keller practices throughout the state. If police begin to question you, you should invoke your right to silence and contact a juvenile defense attorney. Do not wait for your court appearance to get in contact with a lawyer.

Max Keller is a criminal defense lawyer in Stearns County, Minnesota. A criminal defense lawyer will need to argue for a departure from the sentencing guidelines for anyone charged with murder. Call 952-913-1421 today if you have been charged with a crime and if you are looking for a criminal defense lawyer in Stearns County, Minnesota. Max Keller has handled many cases in St. Cloud and is an experienced Stearns county defense lawyer. Keller Law Officers offers free consultations and offers payment plans in most cases. Max Keller is experienced in dealing with probation issues and conditions of release like electronic surveillance and monitoring. If you have any questions regarding Colton’s law, feel free to contact our office.

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

Can Past Allegations of Sex Crimes Be Used Against You in Minnesota?

One question people charged with a sex crime in Minneapolis, MN, ask is: Can past allegations of sex crimes be used against me? Under Minnesota Rules of Evidence, past sex crime allegations aren't admissible as evidence in court to prove a suspect's character and argue that it contributed to the commission of the current crime. However, there are circumstances in which the court may allow prior allegations or bad conduct as evidence. These circumstances include when the prosecution can demonstrate that prior allegations or acts are key to establishing intent, identity, or pattern of bad conduct related to the current crime.

What If The Alleged Victim Was Drunk? Minnesota Consent & Alcohol Laws

Under Minnesota consent & alcohol laws, it is unlawful to engage in sexual contact or intercourse with someone drunk or intoxicated to a degree that prevents that person from consenting, understanding, or keeping his or her actions in check. Simply put, you should avoid sexual contact with a person who visibly looks impaired by alcohol, drugs, or other intoxicating substances.

How Long Do Police Have to File Drug Charges in Minnesota?

People facing arrests or under investigation for drug-related crimes often wonder: How long do police have to file drug charges in Minnesota? Once police officers conclude their investigations and arrest you for drug trafficking, the law bars them from holding you in custody for long. But, even if they can't keep you in jail, the Minnesota statute of limitations allows the prosecution to file the charges within three (3) years of arrest.