Expungement: Eligibility if Convicted of a Felony
We recently highlighted the process of criminal expungement. As noted in that article, not all crimes are eligible for expungement. A felony-level conviction is eligible only if it is listed in the expungement statute itself. But most petty misdemeanors, misdemeanors, and gross misdemeanors qualify for expungement after a period of time. So what happens if you are convicted of a felony-level crime that is not listed in the expungement statute but, because of a favorable sentence like a stay of imposition, the conviction is deemed a misdemeanor or gross misdemeanor after successful completion of probation? Are you eligible for expungement... Read More
The Possibility of All MN DUI Offenders Needing Ignition Interlock
It has been proposed that all DUI offenders in Minnesota should need ignition interlock devices on their vehicles before they are permitted to drive on Minnesota’s roads. The idea behind this is to keep drunk drivers off of the road before they ever get on the road. This thought process has led a group of lawmakers to propose the mandatory use of ignition interlock devices. The way the devices work is they prevent a car from starting if the driver doesn’t provide a sober breath sample. If there is alcohol on his or her breath, the car won’t start, and... Read More
Alleged Sexual Assault in Sleepy Eye
Three men have been charged in a Sleepy Eye sexual assault case. Of the three men, one has been arrested and charged with first-degree criminal sexual conduct, threats of violence, second-degree criminal sexual conduct, and two counts of witness tampering. All charges are classified as felonies, according to the criminal complaint filed in the Brown County District Court. Warrants have been issued for two others. One man has been charged with first-degree criminal sexual conduct and the other has been charged with second-degree criminal sexual conduct. The alleged victim, a female, reported to police that she had been assaulted by... Read More
Cloned Credit Card Scheme Hits Mankato
White collar crimes are serious and when accused of one, it is important for there to be proper criminal representation in place. In the latest white collar crime to hit Mankato, business owners and residents are being advised to use caution when using credit cards in order to avoid falling victim to credit card fraud. One Albert Lea man was arrested early in March and was found to have dozens of cloned credit cards on him. He had thousands of dollars in products that he had purchased with the cards. All of this was found in the rental car that... Read More
Zero Tolerance Teacher Assault Bill Heard Before MN Senate
Teacher assaults have been an issue throughout Minnesota and the country. Now the Minnesota senate has opened hearings on the Zero Tolerance Teacher Assault bill that has been proposed. This comes in the wake of several high-profile assaults that happened to teachers in a number of Twin Cities schools. In one case, a substitute teacher was pushed by a seventh-grade student after the teacher took the student’s phone due to refusal to put it away. The student got up, used both hands, and slammed the teacher backward multiple times. Since the assault, the teacher has had neck and shoulder pain... Read More
Fighting for Your Rights
In 2014, Minnesota joined several states to offer compensation to persons who served time in prison for a crime they did not commit. Wrongful convictions have been on the rise lately, thanks in large part to state “innocence projects” and have gained particular attention with the Netflix series, “Making a Murderer.” Attorneys Joseph Gangi and Daniel Bellig currently have an appeal pending before the Minnesota Court of Appeals, challenging application of the new compensation statute. A judge denied an award of compensation to a person who was declared innocent by the Minnesota Supreme Court. As written, the compensation statute requires... Read More
Fire Investigations–Origin and Cause Analysis
According to the National Fire Protection Association (NFPA), fires in the United States in 2012 resulted in an estimated $11.5 billion in direct property loss. With the staggering exposure to life and property, the cause of every fire and exposure must be carefully investigated. The recent fires in Madelia highlight not only the loss in terms of property, but loss to a community. Fire investigation is sometimes referred to as the origin and cause of fire investigation. It is the analysis of fire-related incidents in an attempt to determine the origin and cause of a fire or explosion. Fire investigations are... Read More
Court Orders Apple, Inc. to Create New Technology Undermining its Encryption
On February 16, 2016, a United States Federal Magistrate in California issued an order igniting a nation-wide debate over privacy and data security. Apple notes while it believes the FBI’s intentions are good, what the FBI seeks has considerable implications. The FBI using an obscure law, the All Writs Act of 1789, obtained an order from the Federal Court compelling Apple to make a new version of the iPhone operating system, removing security features and developing new software capabilities to the operating system bypassing all encryption. Apple is being ordered to create new technology to undermine its privacy-protection encryption. According to... Read More
Death of U.S. Supreme Court Justice Antonin Scalia
With the death of Justice Antonin Scalia, there has been quite a lot of debate regarding President Obama’s intentions to nominate a replacement. Can he do this in the last year of his Presidency? The simple answer is found in the very text of the U.S. Constitution, Article II, Section 2, which states that the President shall nominate and appoint judges to the Supreme Court, by and with the advice and consent of the Senate. There is nothing in the text of the Constitution that limits a President’s nomination power to the first three years of the Presidency, or any... Read More
Expungement: Sealing Criminal Records
Criminal expungement is the process of going to court and asking a judge to seal court criminal records. People ask for an expungement when they have been denied a job, housing, or professional license because of their criminal background. Minnesota Statutes § 609A.02 lists specific situations when a court has the authority to seal government-held records. This list includes: Some first time drug possession offenses; Offences committed by juveniles who are prosecuted in adult criminal court; Cases that were resolved in your favor where you were found not guilty or where the case was dismissed; Petty misdemeanors, misdemeanors, and some... Read More