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From Selfies to Sexting

From Selfie to Sexting In Minnesota, it is a crime to create, possess, and distribute child porn.  If evidence suggests that an individual possesses or distributes sexually illicit photos of a minor, criminal charges will likely ensue.  Those convicted of sex crimes often face prison time, heavy fines, and the possibility that he or she...

Boating While Intoxicated BWI

Boating While Intoxicated (BWI) Free DWI Defense Guide In Minnesota, it is a crime for an individual to operate or be in physical control of a motorboat while under the influence of drugs or alcohol. Similar to being charged with a DWI, an individual charged with the offense of boating while intoxicated (BWI) will face...

Mental Illness Defense

Mental Illness as a Defense The defense of not guilty by mental illness or by reason of insanity is rarely raised in Minnesota, and when it is, it’s success is not likely.  Studies estimate that the defense of not guilty by reason of insanity is only raised in 1% of criminal cases.  Of that 1%,...

Can I Be Found Guilty by Association for a Drug Crime?

In Minnesota, a person can be charged with the crime of possession of a controlled substance; even if the substance is not actually on that individual.  Guilt by association, also known as “constructive possession,” allows the State to bring criminal charges against a person for drug possession even if that individual does not actually physically...

TOP 10 DRUG CHARGE DEFENSES

Minnesota law prohibits the possession, manufacture, and sale of certain controlled substances. If you are charged with a drug crime, there may be several drug defenses available. One should always consult with an attorney if charged with a criminal offense, but the following are the top ten defenses one might use to combat a drug...

DWI Is An Enhanceable Offense in Minnesota

Minnesota treats DWI charges seriously, but the level of severity of such a charge is significantly increased for those who have already been convicted of the same charge. The previous conviction is considered an aggravating factor, although the court will not review a defendant’s complete driving history to determine whether the charge is a repeat...

What Is Reasonable Suspicion For a Minnesota DWI Stop?

In order to stop vehicles in Minnesota, police officers must have a minimum of reasonable suspicion of criminal activity on the part of the occupants. While reasonable suspicion is less than the probable cause that is necessary for an arrest, it involves more than an inarticulable hunch. Instead, it must be a reasonable suspicion that...

New Test Catches “High” Drivers

Police was given a new weapon to combat drugged driving, a mouth-swab that can test if a driver recently used drugs. Drugged driving, like intoxicated driving, is illegal. However, police have struggled to define a consistent method to test drivers and assess (1) if they are under the influence of drugs and (2) if they...

Get Your Driving Privileges Back After a DWI

One of the most common questions we get is when can I get my driving privileges back after a DWI? Individuals who are convicted of DWI crimes in Minnesota may qualify to enter the state’s Interlock Ignition Device Program. The program allows offenders to continue driving provided they adhere to program requirements and complete other...