Minnesota Sex Offender Program will change, one way or another

This blog has previously mentioned the Minnesota Sex Offender Program, a program designed to hold former sex offenders after they have finished serving their sentences because the court believes they could be dangerous, and the fact that it has come under scrutiny. Several of the offenders who are trapped in this program have very little hope of getting out and they are arguing that their constitutional rights have been infringed upon.

Although a task force has been formed to recommend changes to the Minnesota Sex Offender Program, it does not appear that the state legislature has done anything to enact those changes. The task force has asked the legislature to create new options, including alternatives to the high-security facilities currently in use. Specifically, the task force requested residential and outpatient options that would provide greater freedom for members of the Program.

If the state legislature does not act soon, it is very possible that a federal judge may choose to make his or her own decisions as to how the Program should operate. Former Minnesota Supreme Court Chief Justice Eric Magnuson argues that it is better for the state to make changes than a federal judge.

What this story really shows is that anyone who is convicted of sexual assault or any sex crime could potentially face very serious punishment, even after he or she has finished his or her official sentence. This is why it is so important to work closely with an experienced criminal defense attorney whenever charged with a sex crime in Minnesota.

Source: CBS, “Interview: Sex Offender Program Under Scrutiny,” March 4, 2013

If you would like to learn more about our work with individuals charged with sexual assault, please visit our website.

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.