When Do I have the Right to Talk to a Lawyer During a DWI Arrest in MN? “Don’t talk to the cops without an attorney.” Usually, the best advice someone can follow if interacting with law enforcement. The Sixth Amendment guarantees your right to counsel. You also have the right to not incriminate yourself under…

What is First Degree DWI in MN? First Degree DWI is a felony in Minnesota. It is the highest level of DWI in Minnesota. A first offense felony DWI has a maximum sentence of up to seven years in prison and a $14,000 fine. A first offense felony DUI in Minnesota does not mean a…

What is Second Degree DWI in MN? 2nd Degree DWI is a gross misdemeanor in Minnesota. Gross misdemeanors have a maximum punishment of up to one year in jail and a $3,000 fine. 2nd Degree DWI is the second most severe level of DWI in Minnesota. 1st Degree Felony DWI is the only more serious…

What is Third Degree DWI in MN? Third Degree DWIs in Minnesota are gross misdemeanor offenses. These carry up to a maximum punishment of up to one year in jail and a $3,000 fine. Third Degree DWIs are neither the worst, nor least severe DWI. Felony First Degree DWI is the worst DWI in Minnesota….

What is Fourth Degree DWI in MN? Fourth Degree DWIs in MN are misdemeanor offenses. These carry a maximum sentence of up to 90 days in jail and a $1,000 fine. However, Fourth Degree DWIs are the least severe DWI in Minnesota. Felony First Degree DWI is the worst. Gross Misdemeanor Second and Gross Misdemeanor…

SCOTUS Effectively Guts Ineffective Assistance of Counsel Claims: Shinn v. Ramirez On Monday, the United States Supreme Court issued an opinion effectively overruling past precedent regarding evidentiary hearings to establish ineffective assistance of counsel claims in Shinn v. Ramirez. Two defendants Ramirez and Jones were convicted of capital murder in Arizona state court and sentenced…

Driving Without a Valid License on Private Property is Permissible Recently, the Minnesota Court of Appeals overturned a driving with a cancelled driver’s license and DWI because the driver was driving on his driveway when the officer arrested him. In State v. Velisek, the court reversed Velisek’s convictions because the statute prohibiting a person with…

Minnesota Supreme Court Limits Governor’s Pardon Powers Recently, the Minnesota Supreme Court ruled against Governor Walz’s attempt to grant pardons without unanimity in Shefa v. Ellison. In Minnesota, the statute governing pardons states that the board of pardons consists of three members: the governor, the attorney general, and the chief justice of the supreme court….

Testimony Over Video Does Not Violate Confrontation Clause Recently, the Minnesota Court of Appeals addressed whether a police officer testifying via video violated a defendant’s right to confrontation in State v. Tate. The court ultimately said it did not violate the defendant’s constitutional rights and allowed the testimony to be admitted into evidence. During the…

License Plate Reader Used Without a Warrant or Exception Ruled Unlawful Recently, the Minnesota Court of Appeals addressed whether using an automated license plate reader (ALPR) was lawful when neither a warrant was obtained nor exigent circumstances existed. Because there is a Minnesota Statute governing ALPRs, the court of appeals focused primarily on that law…

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