The United States Anti-Kickback Statute was enacted into law to prevent companies (and individuals) from paying to induce or reward patient referrals for any goods or services covered or reimbursed by federal healthcare programs. In particular, the concern was goods and services—including pharmaceuticals, medical supplies, medical care, and health care services—covered by Medicare and Medicaid. Purpose…
Civil Theft Have you ever had something stolen? Even if you know who stole it, sometimes it is hard to prove and if you do not want the police involved, what are your options? Minnesota recognizes civil liability for theft. Minnesota Statute Section 604.14 states “[a] person who steals personal property from another is civilly…
On May 29, 2014, Governor Mark Dayton signed a bill legalizing medical marijuana (medical cannabis) in the State of Minnesota. The law creates a registry program for the oversight of production and distribution of medical cannabis, and outlines specific duties and protections afforded patients, health care practitioners, and manufacturer-distributors of medical cannabis.You can access the…
Eligibility to Own a Firearm With certain limited exceptions, the following are not eligible to possess a firearm: persons under the age of 18 (this prohibition is limited to pistols and semiautomatic military-style assault weapons); persons who have been convicted of or adjudicated for a crime of violence or a felony-level drug offense, unless ten…
2018 Notice: We are not accepting new cannabis growing clients. Introduction Considering a medical marijuana business in Minnesota? Cannabis can be big business. However, a cannabis business is not without its risks. Learn answers to common questions in this FAQ. Some entrepreneurs see the legalization of cannabis in any form as a huge business opportunity….
A DUI conviction can seem difficult to overcome in the immediate aftermath, and it can be even more worrisome if you are wondering how the DUI will impact your business. While there is no exact step-by-step guide for how to recover after a DUI, we’ll examine a few areas that may be affected by your…
RICO is the United States federal Racketeer Influenced & Corrupt Organizations Act, which became law in 1970. Where did RICO come from? RICO was initially passed in 1970 with the intent to pursue the mafia. The idea behind RICO was to tie all of their crimes together in one case, which allowed the prosecution to…
STATE OF MINNESOTA IN SUPREME COURT A09-1795 Court of Appeals Anderson, G. Barry, J. Dissenting, Stras, Anderson, Paul H.and Meyer, JJ. State of Minnesota, Appellant, vs. Filed: August 8, 2012 Office of Appellate Courts Melissa Jean Crawley, Respondent. ________________________ Lori Swanson, Attorney General, St. Paul, Minnesota; and Karin L. Sonneman, Winona County Attorney, Stephanie E….
Minnesota has enacted modifications to its law relating to the issuance of permits to carry pistols in public (Minnesota Laws 2003, chapter 28 & Minnesota Laws 2005, chapter 83). As part of the new law, certain policies were adopted that regulate how a “private establishment” may notify permit holders that firearms are not allowed in a…
Terrorism is not treated lightly in the Minnesota criminal justice system. It has a broad definition in Minnesota, including both personal and public threats and acts. Personal threats of substantial bodily harm to another can be classified as terroristic threats in certain contexts. Threats with the intent of causing public disorder are certainly terroristic, and…
Need help? Contact a criminal defense attorney. Minnesota’s system of criminal sentencing is run with agility and social awareness. Each year since 1980, Minnesota’s Sentencing Guidelines Commission has been modifying Minnesota sentencing guidelines based on problems identified, issues raised by various groups, case law, and legislative changes. These guidelines contain the presumptive, or recommended, sentences…
Need help? Contact a criminal defense attorney. CREDIT: This post is an excerpt from The House Research Department’s publication, Criminal Background Check Statutes, An Overview, updated and revised by legislative analyst Matt Gehring. Criminal Background Check Statutes: An Overview This publication describes the Minnesota Statutes that require or authorize government agencies, employers, and other entities…
Where there is an identifiable owner of contaminated private property, remediation must be performed by a contractor and completed pursuant to Department of Health guidelines and any applicable guidelines addressing enforcement of public health laws, abatement of public health nuisances, and remedies available to owners or occupants of the property. Minn. Stat. § 152.0275, subd….
Records Required to be Filed and Kept Police officers who make arrests at “clandestine lab sites” must notify the local health department, the duty officer, and child protection of the arrest and the location of the site. If the site is contaminated with any manufacturing products or byproducts of methamphetamine production, it cannot be occupied…
Other Mandatory Sentencing Provisions Controlled Substance Offenders Minn. Stat. § 152.0271 When a person is convicted of a controlled substance offense, the court must determine whether the offender committed the offense while driving a motor vehicle. If so, the court must notify the Commissioner of Public Safety and order the commissioner to revoke the person’s…
Mandatory Treatment Assessment; Mandatory Treatment Controlled Substance Offenders § 152.027 (4)(b) If a person is convicted of selling a small amount of marijuana a second time within a two-year period, the court must order the offender to undergo chemical dependency evaluation and, if warranted, treatment. DWI Offenders § 169A.70 (2) The court must order a…
Need help? Contact a criminal defense attorney. Minimum Fines; Assessments; Surcharges; Fees Failure to Provide Motor Vehicle Insurance; Failure to Produce Proof of Motor Vehicle Insurance; Usage of a Fraudulent Insurance Card §§ 169.791 (6); 169.793 (2); 169.797 (4) The court must impose a minimum $200 fine on a person convicted of failing to provide…
This information brief describes Minnesota laws mandating judges to impose specified sentences on persons convicted of certain crimes. These mandatory sentences include specified lengths of incarceration in state prison or local jails, minimum fines and other financial penalties, mandatory treatment, and other sentencing measures. All statutory citations are to Minnesota Statutes, as amended through the…
Domestic Violence & Domestic Abuse Charges in Minnesota Many offenses in Minnesota may be classified as “domestic violence” or “domestic abuse,” and these offense can be for misdemeanors, gross misdemeanors, and felonies. Such offenses may include violations of Minnesota Statue § 518B.01 (“Qualified domestic violence-related offense”). Further, such charges not only include an alleged violation…
Driving While Impaired (DWI) in Minnesota Also called Driving Under the Influence (DUI) or Drunk Driving Laws found in Chapter 169A of Minnesota Statutes Minnesota DWI / DUI Offenses (generally) Generally speaking, to commit the crime of DWI / DUI in Minnesota, a person must be in control of a vehicle. Then, while in control…
Written by attorney Jesse Hall. Minnesota Drug Crime Laws Generally In Minnesota, there are five levels of drug crimes. A drug crime in the first degree is the level that is most severe and carries the greatest possible penalties. There are many factors that may decide the severity of a crime involving drugs or narcotics….
Written by attorney Jesse Hall. Medicinal Marijuana “Medicinal marijuana” (commonly referred to as “medical marijuana”) refers to the use of the cannabis plant as a physician-recommended medicine or herbal therapy. Cannabis (or marijuana) was widely used as a pain reliever throughout the West world up until the point aspirin was created. The United States then…
Minnesota Marijuana Laws: Chapter 152 (Drugs and Controlled Substances) Under Minnesota state laws, most types of drug crimes are listed in Chapter 152 of the Minnesota Statutes. Incidentally, this is also where most of Minnesota’s marijuana laws are contained. Marijuana is defined as a Schedule I Controlled Substance. See Minn. Stat. § 152.02, Subd. 2(3)….
The Bong Water Case In the case of the State of Minnesota v. Peck, A08-579, Minnesota Supreme Court (Oct. 22, 2009), a majority of the justices decided that a “mixture” of methamphetamine (or a “residue,” as the rest of us call it) found to be left over in bong water is the legal equivalent of…
Experienced Minnesota Drug Crime Attorneys Work for You Experienced criminal defense attorneys use their years of experience in the courtroom to represent people accused of many different kinds of drug-related crimes, for example: top dealers alleged to be involved in drug distribution and manufacturing syndicates and criminal conspiracies; narcotics dealers who the government alleged were…
DEFINITION: “Domestic Child Abuse” “Domestic child abuse” means: (1) any physical injury to a minor family or household member inflicted by an adult family or household member other than by accidental means; or (2) subjection of a minor family or household member by an adult family or household member to any act which constitutes a…
The term “qualified domestic violence-related offense” includes the following offenses: violation of domestic abuse order for protection; violation of domestic abuse no-contact order; murder in the first and second degree; assault in the first through fifth degree; domestic assault; domestic assault by strangulation; criminal sexual conduct in the first through fourth degree; malicious punishment of…
Similar Conduct, Similar Transactions, Rule 404 Evidence Evidence of similar conduct by the accused against the victim of domestic abuse, or against other family or household members, is admissible in court unless the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issue, or misleading the jury; or by considerations…
Pretrial Bail Evaluation Report Concerning the Person Arrested The jail, or someone selected by the jail, must do a pretrial bail evaluation for each person arrested and detained for committing a crime of violence, a gross misdemeanor fifth-degree assault or domestic assault crime, or a non-felony violation of an Order for Protection or a harassment…
Jurisdiction in and Around the State of Minnesota An application for relief under the Minnesota Domestic Abuse Act may be filed in any of the following locales: (1) the court having jurisdiction over dissolution actions or the county of residence of either party; (2) the county in which a pending or completed family court proceeding…