Minneapolis Criminal Lawyer & Attorney : Brown Law Firm : Minnesota Criminal Defense : Minneapolis, St. Paul, Twin Cities

Twin Cities media is reporting that a 55 year old Anoka County man pled guilty today to soliciting a 13 year girl for sex online. According to the criminal complaint, the two arranged to meet at a local Burger King. When he arrived, the teen called the police.

The defendant entered a plea agreement that called for a stay of imposition of sentence with a maximum of 90 days of jail time to be served. The felony will be reduced to a misdemeanor if the he satisfies certain conditions of release.

In Minnesota, it is a crime to solicit sexual activity from minors. A person 18 years of age or older who solicits a child or someone the person reasonably believes is a child to engage in sexual conduct with intent to engage in sexual conduct is guilty of a felony.

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A mother from Hennepin County has been arrested after her infanct child was discovered alone in a motor vehicle at the University Avenue Target store. The Minneapolis Star Tribune reports that the woman left her car running in the parking lot with her six month old daughter in the unlocked vehicle. It was unclear to police how long the child had been left unattended. The child was taken into protective services and is doing fine, according to St. Paul law enforcement.

In Minnesota, it is a crime to neglect or endanger a child.

Neglect occurs when a parent willfully deprives a child of necessary food, clothing, shelter, health care, or supervision. Acts of neglect constitute a gross misdemeanor, unless the act results in substantial harm. If substantial harm occurs to a child as a result of the neglect a felony charge may follow.

Endangerment occurs if a parent intentionally or recklessly causes or permits a child to be placed in a situation likely to substantially harm the child's physical, mental, or emotional health, causes the child's death or knowingly causes or permits the child to be present where any person is selling, manufacturing, possessing immediate precursors or chemical substances with intent to manufacture, or possessing a controlled substance. Such acts constitute either a gross misdemeanor or felony under Minnesota law, depending upon the harm inflicted upon a child.

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For most of the individuals convicted for a crime in Minnesota, their involvement in the court system is not over. In many cases, defendants are sentenced for a particular offense but the sentence is stayed pending compliance with certain conditions. The period during which an individual must comply with these conditions is known as the “probationary period.” Typical conditions of probation include: remain law abiding, having no same or similar offenses, completing a number of hours of community service, serving a specified amount of jail time, paying a fine or remaining free of alcohol or drug use. Random follow-up drug and alcohol tests may also be ordered.

If an individual is found to have violated one or more of the conditions imposed by the court, the State will notify the court and the matter will be set on for a probation violation hearing. A two-step process follows. First, the matter is set for an admit/deny hearing. At that point in time, the criminal defendant will either admit to the violation and the consequences will be imposed, or the defendant can deny the violation and the matter will be set on for an evidentiary hearing. If the matter moves to an evidentiary hearing the State must show by clear and convincing evidence that the defendant violated the terms and conditions of probation. If a defendant is found not to have violated the terms of probation, the original conditions remain in place. However, if a violation is found to have occurred, the court will impose additional conditions or, if a defendant has repeatedly violated probation, the court may execute the sentence in full.

A first time probation violation usually will not result in the execution of the original sentence. However, some defendants elect to simply execute the sentence so that they can avoid the burden associated with the conditions of probation. Visit our Minneapolis Criminal Defense Attorneys online for more information about probation violation.

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Our law firm recently represented an indvidual charged with arson. Upon reviewing the complaint, our lawyers determined that the State of Minnesota lacked probable cause in claiming that an act of arson occurred. Once an individual is charged with a crime in Minnesota, the issue of probable cause becomes critical.

In each case, the court must determine whether the crime with which an individual has been charged can stick if all of the facts outlined by the State in its complaint are accepted as true. In this case, our lawyers argued that even if the facts were accepted as true as outlined in the State’s complaint, as a matter of law the defendant could not be convicted of arson. Our persistence paid off and the county attorney ultimately agreed to reduce the charge to one count of disorderly conduct.

In this particular instance, the State alleged that the defendant committed an act of arson by dumping large quantities of gasoline on a roadway and lighting it on fire. However, the relevant statute makes it quite clear that an arson charge must involve damage to property “of value.” Our firm argued that because no damage was done to the road and, because no damage could have been done to the road, it did not qualify as property “of value” within the meaning of the statute.

As a result of pleading to a public nuisance, our client was ordered to perform four (4) hours of community service. The State sought substantial consequences. Our concern for this client involved the contents of his criminal record. It will be much easier for him to address prior involvement in the court system because of a public nuisance situation rather than a conviction for arson.

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