Minnesota Domestic Violence Arrest Requirements
Criminal Defense

Minnesota Domestic Violence Arrest Requirements

Police Arrest Without a Warrant in Minnesota A peace officer may arrest a person (regardless of where such person is located – and including at the person’s residence) without a warrant if the peace officer has probable cause to believe that the person has committed domestic abuse within the preceding 12 hours. The arrest may…

Violating Order for Protection & Minnesota Criminal Law
Criminal Defense

Violating Order for Protection & Minnesota Criminal Law

Need help? Contact a criminal defense attorney. Domestic Violence Law and Minnesota Criminal Penalties for Violations of Orders for Protection Any actual violation of an Order for Protection (OFP) is by definition subject to criminal penalties under Minnesota state law. Minnesota Contempt of Court for Violation of Order for Protection Any violation of a legally-valid…

Minnesota Domestic Abuse Act & Legal Definitions
Criminal Defense

Minnesota Domestic Abuse Act & Legal Definitions

Need Help? Minnesota Domestic Violence Crisis Line: 1-866-223-1111 Minnesota Domestic Abuse Project: 612-874-7063 National Domestic Abuse Hotline: 1-800-799-7233 Minnesota Domestic Abuse Act Minnesota’s Domestic Abuse Act (chapter 518B) provides an action for an order for protection (OFP) in cases of domestic abuse; describes the relief available in OFP proceedings; establishes procedures for OFP proceedings; and…

Minnesota Medicinal Marijuana Lawyer
Criminal Defense

Minnesota Medicinal Marijuana Lawyer

  Written by attorney Jesse Hall 2014 Update: Medical Marijuana Legalized in Minnesota Minnesota has a new law permitting medical marijuana to be sold and used under limited circumstances. Learn more at our Cannabis Business FAQ. Medicinal Marijuana “Medicinal marijuana” (commonly referred to as “medical marijuana”) refers to the use of the cannabis plant as…

Minnesota Criminal Defense Attorney: Minor Offenses
Criminal Defense

Minnesota Criminal Defense Attorney: Minor Offenses

Need help? Contact a criminal defense attorney. Minnesota Criminal Defense Attorney | Minor Offenses There is an increasing number of individuals who are being arrested for violations of the law often referred to as “quality of life” crimes. Generally, these types of offenses (or this category of crimes) are low-level violations carrying only minor possible…

Minnesota Sentencing Guidelines Attorney
Criminal Defense

Minnesota Sentencing Guidelines Attorney

The Purpose & Principles of the Minnesota Sentencing Guidelines Criminal defense attorneys know and understand the sentencing guidelines. The Minnesota Sentencing Guidelines were put into place for the purpose of establishing rational and consistent standards for sentencing. Specifically, with these Sentencing Guidelines, the goal is to (1) reduce the disparities that may take place if the…

Minnesota Presumptive Sentences: Offense Severity
Criminal Defense

Minnesota Presumptive Sentences: Offense Severity

How to Determine a Presumptive Sentences in Minnesota Taking effect for offenses factually occurring after May 1, 1980, an offender who is convicted of a felony in the state of Minnesota faces what is called a “presumptive sentence,” as determined under the Minnesota Sentencing Guidelines. (Please note: for offenses occurring and the date of offense…

Minnesota Presumptive Sentences: Criminal History
Criminal Defense

Minnesota Presumptive Sentences: Criminal History

Need help? Contact a criminal defense attorney. How to Determine a Presumptive Sentences in Minnesota Taking effect for offenses factually occurring after May 1, 1980, an offender who is convicted of a felony in the state of Minnesota faces what is called a “presumptive sentence,” as determined under the Minnesota Sentencing Guidelines. (Please note: for…

Computing a Criminal History Score in Minnesota
Criminal Defense

Computing a Criminal History Score in Minnesota

Need help? Contact a criminal defense attorney. Compute an offender’s “criminal history score” in Minnesota: This page is about how to compute a person’s criminal history score. The process is very complicated, and retaining an experienced criminal defense attorney is essential to protecting your rights and ensuring a proper, accurate, and legal criminal history score…

Minnesota Attorney on Domestic Violence
Criminal Defense

Minnesota Attorney on Domestic Violence

Need Help? Minnesota Domestic Violence Crisis Line: 1-866-223-1111 Minnesota Domestic Abuse Project: 612-874-7063 National Domestic Abuse Hotline: 1-800-799-7233 (THE FOLLOWING IS AN INTERVIEW BETWEEN ATTORNEY JESSE HALL AND A LOCAL STUDENT) Have there been cases in which the law has failed to protect women who are victims of domestic violence? If so, do you have…

Experienced Juvenile Attorney in Minnesota
Criminal Defense

Experienced Juvenile Attorney in Minnesota

In the juvenile justices system, the court deals with many different matters – all of which are cases involving children (i.e., persons under the age of eighteen). These matters are put into different categories. One of these categories is juvenile delinquency. In a juvenile delinquency case in the state of Minnesota, the child is alleged…

Experienced Minnesota Juvenile Attorney
Criminal Defense

Experienced Minnesota Juvenile Attorney

Need help? Contact a criminal defense attorney. In the juvenile justice system and adult justice system in Minnesota have many differences. These differences are not just in terminology (though certainly that is true as well), but also in the actual processes, procedures, and laws implemented by the government. General Differences Between the Juvenile and Adult…

Ignition Interlock and Strengthened DWI Penalties Talking Points
Criminal Defense

Ignition Interlock and Strengthened DWI Penalties Talking Points

Minnesota Impaired Driving Facts On average during the last five years in Minnesota, alcohol-related crashes accounted for 170 deaths and 400 serious injuries. Alcohol-related deaths represent more than one-third of the state’s traffic fatalities annually. More than 30,000 people are arrested for DWI each year. One in seven Minnesota drivers has a DWI on record….

Identity Theft and Related Crimes | Legislative History
Criminal Defense

Identity Theft and Related Crimes | Legislative History

Original Legislation 1999 In 1999, the legislature created the crime of identity theft in section 609.527 of the Minnesota criminal code. The original act provided criminal penalties and forfeiture sanctions for persons who transferred, possessed, or used the identity of another to commit or aid in the commission of an unlawful activity. Penalties ranged from…

Identity Theft and Related Crimes | Related Criminal Statutes
Criminal Defense

Identity Theft and Related Crimes | Related Criminal Statutes

Need help? Contact a criminal defense attorney. As the definition of the crime suggests, identity theft is perpetrated to facilitate other unlawful activities, such as credit card fraud, check fraud, or mortgage fraud. An identity thief may steal someone’s identity to evade law enforcement or avoid arrest or prosecution. A crime may also involve the…

Identity Theft and Related Crimes | Incident Reporting and Prosecution
Criminal Defense

Identity Theft and Related Crimes | Incident Reporting and Prosecution

The law’s reporting and venue requirements reflect the ubiquitous nature of identity theft. While incident reporting and venue are typically tied to the location of the crime, the identity theft law allows venue and reporting in the jurisdiction where the victim resides. This aids the victim whose perpetrator committed the crime in another state or…

Jail Time for DWI Offenders in Minnesota: A Brief Survey of Practices
Criminal Defense

Jail Time for DWI Offenders in Minnesota: A Brief Survey of Practices

This information brief reports results of a survey on the jail sentences served by convicted DWI offenders. The survey sampling design was nonscientific, but the results nevertheless provide a general indication of jail sentences for DWI offenders in the state’s ten judicial districts. The information in Table 1 was gathered in early January 2000 upon…

What Should I Do If I’m Arrested In Minnesota? Arrest Tips
Criminal Defense

What Should I Do If I’m Arrested In Minnesota? Arrest Tips

What to do if you are arrested in Minnesota Do not talk to law enforcement Talking with the police will not help your situation. Everything you say and do can be used as evidence against you. Unfortunately, many people think they are smart enough to talk their way out of something. That is stupid for…

Changing the Terms of or Ending Civil Commitment
Criminal Defense

Changing the Terms of or Ending Civil Commitment

Sexually Dangerous Persons Civil Commitment Law: Changing the Terms of or Ending Civil Commitment The decision to transfer the person to a more or less secure treatment facility or to discharge a sexually dangerous person from civil commitment is made by a special review board panel appointed by the Commissioner of Human Services. The panel…

Destruction of Child Abuse Report Records
Criminal Defense

Destruction of Child Abuse Report Records

How long must child abuse reports and records be kept? Records held by local social service agencies, investigating agencies, and schools will be retained on the following schedule. For family assessment cases and cases in which there is no determination of maltreatment or need for child protective services, records must be kept for four years….

Investigation or Assessment of Child Abuse Reports
Criminal Defense

Investigation or Assessment of Child Abuse Reports

How are reports of abuse or neglect in the home handled? When the local social service agency receives a report, the agency determines whether to conduct a family assessment or an investigation. If the report alleges substantial child endangerment, the agency will conduct an investigation. The agency may conduct a family assessment when a report…

Reportable Child Abuse and Neglect
Criminal Defense

Reportable Child Abuse and Neglect

Whose abuse or neglect is reportable under the act? Person Responsible for the Child’s Care. A “person responsible for the child’s care” includes the following: parent guardian teacher school administrator school employee or agent day care provider paid or unpaid babysitter counselor coach other custodian with care responsibilities Minn. Stat. § 626.556, subd. 2, para….

Reporting Child Abuse in Minnesota: The Child Abuse Reporter
Criminal Defense

Reporting Child Abuse in Minnesota: The Child Abuse Reporter

Who is permitted to report child abuse or neglect? Anyone who knows, has reason to believe, or suspects that a child is being, or has been, neglected or physically or sexually abused. Minn. Stat. § 626.556, subd. 3. Who is required to report child abuse or neglect? An individual who knows or has reason to…

Minnesota Maltreatment of Minors Act
Criminal Defense

Minnesota Maltreatment of Minors Act

The Minnesota Maltreatment of Minors Act establishes a system for reporting possible child abuse and neglect to government agencies that provide protective services for the child or conduct criminal investigations. The act also governs agency responses to reports and access to information generated under the act. Some of the system’s features are determined by federal…

Placement for People Who Are Civilly Committed
Criminal Defense

Placement for People Who Are Civilly Committed

Sexually Dangerous Persons Civil Commitment Law: Placement for People Who Are Civilly Committed Sexually dangerous persons are committed to the custody of the Commissioner of Human Services and are placed in a secure treatment facility in Moose Lake known as the Minnesota Sexual Psychopathic Personality Treatment Center or a secure facility in St Peter. In…