Crime Lab Testing Not Required to Find Probable Cause: MN Fifth Degree Possession Recently, the Minnesota Court of Appeals determined that the prosecution does not need to have a definitive scientific test establishing a criminal level of THC to survive a probable cause challenge in a fifth degree possession case. In most drug possession cases…

New License Plate Impoundment / Whiskey Plates Law Whiskey Plates or Special Registration Plates are a requirement for drivers and vehicle owners who have been served an Order of License Plate Impoundment pursuant to DWI offenses. The Minnesota Legislature recently enacted a new law that allows for people to remove whiskey plates from their vehicles…

Legalities of CBD, Delta-8, and Other Hemp & Cannabis Products: 2018 Federal Farm Bill Recently, you likely noticed an inundation of new hemp products. There are hemp lotions, hemp teas, hemp fabrics, hemp straws, and hemp disposable utensils. And, even hemp seeds in food products! Scientists can more freely study the medical benefits and side…

Mentally Incapacitated Does Not Include Voluntary Intoxication in MN Criminal Sexual Conduct Cases: State v. Khalil Recently, Minnesota’s Supreme Court addressed the definition of mental incapacitation in the criminal sexual conduct statutes in State v. Khalil. Specifically, the court evaluated whether mental incapacitation includes someone who is voluntary intoxicated. Focusing on the word “voluntary”, the…

What is the Difference Between an Administrative Review and Judicial Review? MN DWI Laws Upon being arrested for a DWI in Minnesota, you will receive a notice and order of revocation for your driving privileges, if you took a breath test that resulted in an alcohol concentration of .08 or more or if you refused…

Should a Defendant Testify at Trial? Should a defendant testify at trial? This is one of the biggest strategic decisions for defense lawyers and their clients to make during a criminal jury trial. Regardless of what the criminal defense lawyer advises their client to do, the defendant holds the absolute power to make the final…

Does a “Felony Stop” Require Reasonable Suspicion or Probable Cause? Routine traffic stops involve an officer turning their emergency lights on, pulling a vehicle over to the side of the road, and the officer calmly walks up to the vehicle. In a felony traffic stop (“felony stop”), the officer(s) usually stay back at their squad…

What is considered a firearm for MN ineligible in possession offenses? Minnesota law prohibits certain people from possessing firearms or ammunition. If convicted of being ineligible in possession of a firearm, it subjects the person to a mandatory minimum prison sentence according to the Minnesota Sentencing Guidelines. Therefore, it is crucially important to not only…

Marijuana DWI Conviction Requires Actually Being Under the Influence of Marijuana You can get a Marijuana DWI in Minnesota. But, under Minnesota law, you must actually be under the influence of marijuana. Mere presence of marijuana in your system is not enough. Recently, the Minnesota Court of Appeals addressed this topic in State v. Berger….

California Reforms Probation Length; Minnesota Should Follow Recently, California’s Governor signed a significant criminal justice reform bill. The new law will limit the maximum time a person may be on probation or parole in certain circumstances. For misdemeanors, the limit will be one year. For felony offenses, the limit will be two years! There are…

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