Today the Massachusetts’ highest court ordered prosecutors to review over 20,000 controlled substance cases involving Annie Dookham, a former state chemist. Back in 2013, Ms. Dookhan pleaded guilty to 17 counts of Obstruction of Justice, 8 counts of Tampering with Evidence, Perjury, and Falsely Pretending to Hold a Degree from a College or University. Ms…. Read more »
Court Orders Defendant to Unlock Phone with Fingerprint
This week the Minnesota Court of Appeals issued an opinion upholding an Order requiring a criminal defendant to submit fingerprints to unlock a cell phone. The Court held that a defendant’s 5th Amendment right against self-incrimination is not violated when they are ordered to provide fingerprints to unlock a telephone. The court reasoned that providing… Read more »
Collateral Consequences of Convictions: What Your Lawyer Doesn’t Have to Tell You
As explained on most of the pages on the website, jail, prison, fines, and probation are just some of the direct consequences you may be facing when charged with a crime. However, many of the consequences stemming from a conviction are collateral, and not directly ordered by criminal court. Many of these collateral consequences are… Read more »
Hoping Someone Gets Killed Not Terroristic Threats: MN Court Appeals
Yesterday, the Minnesota Court of Appeals reversed a conviction of Felony Terroristic Threats based on an alleged threat to a state trooper. During questioning regarding a DWI breath test by the trooper, the motorist told the trooper the following: “It is no wonder people are killing you guys. I truly hope that you are one of… Read more »
208 mph in a 2011 Mustang?
A man in Oklahoma was recently arrested and charged with reckless driving and attempting to elude law enforcement. The man allegedly turned off his headlights after an Oklahoma State Trooper attempted to stop him. Law enforcement further alleges the man reached speeds of 208 miles per hour in his 2011 Ford Mustang before the law… Read more »
BB guns are not firearms – MN Court of Appeals follows Supremes
Last month, the Minnesota Supreme Court reversed a felony conviction holding that air-powered BB guns not firearms for purposes of the possession of firearms statute. Today, the Minnesota Court of Appeals in Lue Yang followed the Supreme Court, extending the reasonable and rational definition of a firearm to the ‘Ineligible Persons’ firearm statute, prohibiting the… Read more »
No license revocation after refusing DUI urine test: MN Court of Appeals
The MN Court of Appeals issued an opinion today upholding the reinstatement of a driver’s license when the arresting officer misled a driver by stating that refusing a urine test is a crime. In the case decided today, the Commissioner of Public Safety revoked the driver’s license after he refused urine and blood tests. The… Read more »
Small amount of marijuana does not include dabs, wax, or edibles
I often get calls from people who are confused as to why they are being charged criminally with a felony or gross misdemeanor because they had a small amount of resinous marijuana (wax, hash, THC edibles, dabs, butter, etc.). The confusion stems from Minnesota decriminalizing the possession of small amounts of marijuana (less than 42.5… Read more »
BB Guns are not firearms – MN Supreme Court Reverses Felony Conviction
The Minnesota Supreme Court issued an opinion today that an air-powered BB gun is not a firearm for purposes of Felon in Possession of a Firearm and other illegal firearm possession crimes. The court reversed the felony-level prohibited person in possession of a firearm conviction. Prior to today’s decision in the Haywood case, MN courts… Read more »
Minneapolis Passes Police Body Camera Program
On Monday, September 15, 2014, the Minneapolis City Council approved a pilot study for Minneapolis Police Department Officers to wear body cameras. The City Council voted in favor of two, year-long contracts with two law enforcement body camera companies. The contracts for the officer-worn body camera evaluation provide for the camera equipment, service, and video… Read more »