Defendants Must Sign Plea Petitions, Attorneys Should Not Sign on Their Behalf As crazy as it sounds, defendants must sign plea petitions, attorneys should not sign on their behalf. Since COVID hit March 2020, the court system underwent a drastic change to video hearings. More than two years later, many courts are still conducting hearings…

When Can You Invoke Your Miranda Rights? MN Supreme Court Says Not Too Early Knowing when can you invoke your Miranda rights should be simple, right? The cops want to talk to you about something, you think all I have to do is say I want a lawyer and I should be good, right…right? Unfortunately,…

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…

Speedy Trial Demands During the COVID-19 Pandemic Since the beginning of the pandemic, courts across Minnesota and the nation have been dealing with an excess of court delays, cancellations, remote hearings, and continuances. The backlog of cases is gluttonous in some jurisdictions. For some defendants, waiting longer for their case to conclude is not that…

Arizona Changes the Game in Jury Selection by Eliminating Peremptory Challenges Peremptory challenges allow attorneys to strike potential jurors from sitting on the jury without a reason unless it is motivated by race, ethnicity, or sex. This allows each side to remove potential jurors that they do not feel are best for their case without…

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…

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….

On Monday, the Minnesota Court of Appeals reversed a driver’s license revocation from one of our very own cases in LaClair v. Commissioner of Public Safety.  In ruling in our favor, the court of appeals touched on a popular topic: when is law enforcement allowed to enter private property? Constitutionally protected areas, such as a…

Believe it or not, Minnesota courts often engage in defining simple words, such as “stop” and “at”. This exercise even occurs at Minnesota’s highest court – the supreme court. Recently, it did just that in State v. Gibson, Jr. This case addressed whether a peace officer has a lawful basis to stop a driver who…

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