Need help? Contact a crminal records expungement attorney. Criminal Background Check Statutes: An Overview This publication describes the Minnesota Statutes that require or authorize government agencies, employers, and other entities to check the criminal records of, and other background information on, current or prospective licensees, employees, volunteers, or other individuals. Introduction About This Publication This report describes…
Need help? Contact an expungement lawyer. This is a Step-by-Step Guide for filling out expungement forms for a criminal case that was handled in a State of Minnesota District Court. STEP 1. Get your complete criminal case history. Even though you can only ask for an expungement in the county in which the…
Forfeiture of Motor Vehicles and Recreational Vehicles Used to Commit Impaired Driving Offenses Minnesota’s impaired driving law provides a special forfeiture procedure applicable to motor vehicles and recreational vehicles (such as snowmobiles, all-terrain vehicles, and motorboats) used to commit certain alcohol-related traffic offenses. This law authorizes the forfeiture of a motor vehicle or recreational vehicle…
Judicial Forfeiture; Designated Offenses Minnesota law permits a court to order the forfeiture of certain property associated with the commission of a “designated offense.” The definition of “designated offense” includes most serious felonies against persons, a number of property felonies, and felony or gross misdemeanor violations of the crime of unauthorized computer access. It also…
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…
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…
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…
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…
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…
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 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…