Are future changes coming to Minnesota’s criminal system?

In light of several high-profile cases regarding the way law enforcement deals with civilians, the national media has given substantial attention lately to the how the criminal justice system works. The coverage has not only caught the attention of any criminal defense attorney MN, but has sparked activists and legislators to start considering reforms across the board, including in Minnesota programs and at the federal level.

Restoring the vote

In 2009, Minnesota passed a Ban the Box law, which prevents public employers from asking applicants about their criminal history during the initial hiring phase. At the beginning of 2014, private employers were also prohibited from requesting such information at the start of the process.

Going a step further, advocates are pushing for people who are on parole or probation to regain the right to vote. Under current Minnesota statute, a person with a felony criminal conviction is not eligible to vote. Groups such as Restore the Vote Minnesota state that the existing law creates a misrepresentation of the population, as there is a disproportion between the number of Caucasians and minorities who are convicted of felonies. According to a report from Minnesota Daily, last year more than 25 percent of felony offenders in the state were black and unable to vote due to their criminal record.

Sex offender system

Another potential change coming to Minnesota involves the current corrections policy for habitual sex offenders. According to Minnesota Daily, a state representative is planning to propose a bill that would put in place a minimum 60-year prison sentence for people who have repeatedly been charged with a crime involving sex offenses.

As any criminal defense attorney in MN knows, the existing treatment program has often been called out for its shortcomings. Even a federal judge in 2014 stated that the Minnesota Sex Offender Program may violate the U.S. Constitution, according to a report from the Star Tribune.

The Star Tribune reports that the MSOP currently holds 700 offenders. Critics state that the program places the convicted people in prison-like treatment centers that often hold them longer than their prison sentences. The proposed legislation would instead place people in the care of the Minnesota Department of Corrections, taking into account the severity of the crime and the mental health status of the defendant.

A sociology professor at the University of Minnesota told the Minnesota Daily that people have recently been more open to criminal justice reform. Anyone with questions regarding these potential changes should consult with a criminal defense attorney in MN.

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

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.