The majority of crimes in Minnesota require the prosecution to prove that you had a particular intent or state of mind at the time the crime was committed. Burglary, for example, requires the prosecution to prove that you entered a dwelling without the consent of the owner and with the intent to commit a crime. When intent or [...]
When you are arrested in Minnesota for a probation violation, you must be brought in front of a judge within 36 hours, exclusive of the day of arrest. The judge may release you pending a probation revocation hearing, but there is no absolute right to bail. If you remain in custody, a revocation hearing must be held within 7 [...]
Under the Fith Amendment, you are not obligated to disclose your identity to police if the disclosure would incriminate you. In other words, you must reasonably believe that the disclosure of your identity could be used against you in a criminal prosecution or could lead to other evidence that might be used against you. Let's imagine that [...]
Under Minnesota law, the testimony of a rape victim does not need to be corroborated at trial by any other evidence. In other words, you can be convicted of a rape charge based on the testimony of the victim alone. The law is set up to insure against false charges and wrongful convictions through several [...]
The longer you wait to turn yourself in on a Minnesota probation violation, the more time you may spend in jail. The prosecution will use the delay as an argument against you when seeking for more jail time. Remember, there may still be plenty of jail time hanging over your head from the original sentence. The first step is to retain [...]
When a narcotics search warrant is executed by the police at a home or apartment, often times there are other persons present who do not have anything to do with the controlled substance found on the premises, but become immediate suspects simply by being present. If you find yourself in this unfortunate situation, you have a defense. Before [...]
The crime of fleeing a police officer in a motor vehicle is a felony level offense in Minnesota. See Minnesota Statute Section 609.487. Any driver who flees or attempts to flee an officer who is lawfully discharging his official duty can be charged with this offense. The crime occurs when the driver, after being given a signal to [...]
If you have been granted a stay of adjudication on a felony drug conviction in Minnesota and have successfully completed your probation, you are eligible to file a petition to seal all records concerning your arrest and criminal charge. You will need to establish a number of factors in your petition, including the steps you [...]
In order for the police to search the trunk of your vehicle for marijuana without a warrant, they would need to establish probable cause to believe that marijuana will be found in the trunk. One way for the police to establish probable casuse for the search of your trunk would be to observe marijuana or [...]
If you have been convicted or adjudicated delinquent of a controlled substance crime in Minnesota, you are prohibited for life from possessing, receiving, shipping or transporting a firearm. A controlled substance crime has been defined by the legislature as being a "crime of violence" along with other crimes like murder, assault and criminal sexual conduct. The lifetime [...]
