Criminal Defense

Minnesota law allows property associated with certain crimes to be forfeited. This can be done judicially or administratively. This information brief describes the laws dealing with forfeiture and discusses cases of note in Minnesota and recent changes made to forfeiture laws. In particular, part 1 summarizes the general forfeiture law applicable to most felony offenses….

Between 1985 and 2005, Minnesota’s population increased by approximately 23 percent.20 During that same period of time, the crime rate dropped by about 19 percent.21 Even with a fairly stable population growth and a declining crime rate, the number of felons sentenced increased dramatically, by 148 percent over those 20 years.22 Minnesota’s prison population saw…

This post is part of a series recommending changes to how Minnesota handles criminal records and employment. The full report is here: Criminal Records and Employment in Minnesota. It is generally agreed by the task forces that have studied collateral sanctions and made recommendations that defendants should be advised of the collateral impact of convictions…

This is part of a series recommending changes to how Minnesota handles criminal records and employment. The full report is here: Criminal Records and Employment in Minnesota. BACKGROUND While the topic of collateral sanctions, and that of offender reentry in general, has recently gained attention in Minnesota, it has been the topic of discussions across…

Need help? Contact a criminal defense attorney. This is part of a series recommending changes to how Minnesota handles criminal records and employment. The full report is here: Criminal Records and Employment in Minnesota. Full recommendations, and the rationale for each proposal, are set forth in the chapters under which they appear in this summary….

Need help? Contact a criminal defense attorney. A Hypothetical: A person we will call “Jane” has been found guilty of felony level welfare fraud. The amount stolen equals $50,000. She has no prior felony level criminal history. In Minnesota, more than 95% of felony level offenses are sentenced pursuant to the Minnesota Sentencing Guidelines. These…

This post is part of a series recommending changes to how Minnesota handles criminal records and employment. The full report is here: Criminal Records and Employment in Minnesota. Give notice to those intending to embark on studies leading to employment that they should consider any records of contacts with the police or criminal courts in…

Need help? Contact a criminal defense attorney. REPORT AND RECOMMENDATIONS OF THE 2007 COLLATERAL SANCTIONS COMMITTEE In 2007, Minnesota’s Legislature focused several public safety initiatives on the important business of reducing recidivism among the vast majority of imprisoned offenders who will return from incarceration to live among us. The Legislature created the Collateral Sanctions Committee…

Electronic monitoring to protect domestic abuse victims Courts may not order an offender convicted of a designated crime12 against a family or household member, as a condition of a stay of imposition or execution of a sentence, to use an electronic monitoring device to protect a victim’s safety. 13 Stay conditions for assaulting spouse If…

The following laws specifically exempt proceedings under the Domestic Abuse Act from their application. Judicial Arbitration The establishment of a mandatory, nonbinding arbitration system within a judicial district to assist the court in disposing of controversies may not be used to handle proceedings under the Domestic Abuse Act. Minn. Stat. § 484.73. Minnesota Civil Mediation…

Restrictions on firearm possession in cases of domestic assault. No person who has been convicted of domestic assault in Minnesota or elsewhere or of violating a domestic abuse OFP may possess a pistol unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any…

Admissibility of similar conduct 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 of undue…

Notice of assistance to victim At the time of arrest, a peace officer is required to tell a victim of domestic abuse whether a shelter or other services are available in the community and to provide the victim with notice of the legal rights and remedies available to the victim. The officer must give the…

The following information summarizes recent changes to the criminal statute of limitations. 1989–Criminal sexual conduct cases involving minors In 1989, the legislature added a unique feature to the limitations period for child sex abuse to allow prosecution long after the offense occurred if the victim did not report the offense within the usual limitations period….

Need help? Contact a criminal defense attorney. The general rule is that a statute of limitations begins to run when a crime is complete.16 A crime is complete when every element of the offense is satisfied.17 “Absent a statute providing otherwise, a period of limitation runs without interruption from the time the offense is committed…

Pretrial bail evaluation The local corrections department, or its designee, must conduct a pretrial bail evaluation of each defendant arrested and detained for committing a crime of violence, a gross misdemeanor fifth-degree assault or domestic assault crime, or a nonfelony violation of an OFP or harassment restraining order or harassment, fourth-degree assault, or fifth-degree criminal…

Need help? Contact a criminal defense attorney. Criminal Statute of Limitations (Minn. Stat. § 628.26) Any crime resulting in the death of the victim No statute of limitation Kidnapping No statute of limitation Labor trafficking if the victim was under the age of 18 No statute of limitation Sex offense (first, second, or third degree)…

Warrantless arrest A peace officer may arrest a person anywhere without a warrant, including at the person’s residence, if the peace officer has probable cause to believe that the person has committed domestic abuse within the preceding 12 hours. The arrest may be made even though the domestic abuse did not take place in the…

Scholars and commentators have identified various policy arguments supporting and opposing criminal statutes of limitations. Supporters of criminal statutes of limitations argue the following: There is less need for a criminal sanction against a person who demonstrates rehabilitation by remaining law-abiding for some time.6 In the interest of fairness, a prosecution should be based on…

Need help? Contact a criminal defense attorney. Violation of an OFP Minnesota law provides misdemeanor, gross misdemeanor, and felony penalties for a violation of an OFP issued under the Domestic Abuse Act or under a similar law of another state, the District of Columbia, tribal lands, or U.S. territories. In addition, any violation of an…

Need help? Contact a criminal defense attorney. Criminal penalties Violation of an OFP is subject to criminal penalties. Contempt A violation of an OFP also constitutes contempt of court and is subject to the penalties for contempt. Minn. Stat. § 518B.01, subd. 14. Statement of obligation and bond The court may require the respondent to…

Jurisdiction An application for relief under the Domestic Abuse Act may be filed in any of the following: the court having jurisdiction over dissolution actions or the county of residence of either party the county in which a pending or completed family court proceeding involving the parties or their minor children was brought the county…

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 contains the penalties for violation of an OFP. The provisions of Minnesota’s Domestic Abuse Act apply to OFPs issued under the Domestic…

The information presented over the next few posts will summarize the major features of Minnesota laws dealing with domestic abuse, including: Domestic Abuse Act Domestic Abuse Act Definitions Relief Available Under the Domestic Abuse Act Order For Protection Procedural Matters Violation of an OFP Domestic Abuse Counseling and Educational Programs Criminal Law & Domestic Abuse…

The following series of posts provides an overview of Minnesota’s criminal statute of limitations. If you are not interested in solely criminal law, you may want to learn more about Minnesota statute of limitation law in general. These sections provide an overview criminal statute of limitations law in Minnesota: Policy Considerations Current Limitations Periods Practical…

Need help? Contact a criminal defense attorney. Double jeopardy for the same crime is forbidden in the Minnesota Constitution and the United States Constitution. The Minnesota Constitution and the United States Constitution each have a Double Jeopardy Clause that prohibits a criminal defendant from being twice tried for the same crime. This important constitutional provision…