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

In Minnesota, a person first enters the criminal justice system through a variety of means. The most common means are through arrest, citation, or tab charge by a police officer. Pursuant to
the Minnesota Rules of Criminal Procedure, police officers must issue citations to persons subject to lawful arrest for misdemeanors unless it reasonably appears to the officer that arrest or detention is necessary to prevent bodily harm to the accused or another or further criminal conduct, or that there is a substantial likelihood that the person will fail to respond to a citation.

In addition, pursuant to statute, a police officer may not arrest someone for a misdemeanor offense unless the officer personally observes the person commit, or attempt to commit the offense. Police officers may exercise discretion, within the constraints of the law in determining whether to make an arrest or whether to issue a citation.

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Minnesota law classifies criminal sexual conduct into five categories: first- through fifth-degree criminal sexual conduct. Each degree of the crime covers a variety of behavior, with first-degree carrying the most severe penalties and fifth-degree the least severe. Generally speaking, the first-degree and third-degree crimes apply to sexual conduct involving sexual penetration of the victim; the second-, fourth-, and fifth-degree crimes apply to sexual conduct involving sexual contact with the victim without sexual penetration.

The elements of the criminal sexual conduct crimes also vary with respect to a number of other issues. For example, criminal sexual conduct in the first and second degree typically apply to conduct involving personal injury to the victim; the use or threatened use of force, violence, or a dangerous weapon; or victims who are extremely young. Criminal sexual conduct in the third, fourth, and fifth degree typically address less aggravated conduct and apply to other situations in which the victim either did not consent to the sexual conduct, was relatively young, or was incapable of voluntarily consenting to the sexual conduct due to a particular vulnerability or due to a special relationship between the victim and the perpetrator.

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The gravity of crimes involving sale or possession of methamphetamine in Minnesota is linked to the amount of substance involved; the amount of the drug is determined by the total gram weight of the substance, not by the actual amount of methamphetamine present in it. Because of the dangers that methamphetamine, cocaine, and heroin pose, the penalties for sale or possession of these drugs are much harsher than penalties for the same amount of other drugs.

Sale of ten grams or more of any mixture or substance containing methamphetamine, or possession of 25 grams or more of any such substance, is a first-degree controlled substance crime and carries a penalty of up to 30 years’ imprisonment and a $1 million fine, or both. If the person has a previous controlled substance conviction, the penalty is increased to at least four and up to 40 years’ imprisonment. The Minnesota Sentencing Guidelines recommend an 86-month sentence for a person with no criminal history who is convicted of a first-degree controlled substance offense.

Sale of three to ten grams or possession of six to 25 grams of a methamphetamine substance is a second-degree controlled substance violation and is punishable by a 25-year prison sentence or a $500,000 fine, or both. For offenders with a previous controlled substance conviction, the penalty increases to up to 40 years (with a three-year minimum sentence) and an optional fine of up to $500,000.  The Minnesota Sentencing Guidelines recommend a 48- month sentence for a person with no criminal history who is convicted of a second-degree controlled substance offense.

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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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If you're facing a Minnesota DUI for the first time, we understand you are probably nervous about things. We understand that everyone makes a mistake now and again. In our experience, drunk drivers fit no specific mold. We've represented teens, educated professionals, married couples and seniors who have had a few too many and get behind the wheel of a car. Heck, even the former head of the Twin Cities Metropolitan Council (and son of a former vice-president) Ted Mondale was charged with DWI in recent years. You're not a bad person, but you need to understand your rights and know what to expect.

You've probably been arrested, booked and released after some time in custody. Within a few days you can expect that the Minnesota Department of Public Safety will catch wind of the DUI charge and mail you a notice that your license will be suspended for 90 days as a result. The legitimacy of the DPS revoking a driver's license despite no criminal conviction has been tested time and again before at the Minnesota Supreme Court. Because a license is a privilage, not a right, the Commissioner can basically do as they wish. You are going to receive a seven day grace period and then you may not operate a motor vehicle for 90 days. After 15 days, you can seek a work permit or restricted license in the event that you are a college student, need to care for your family or for medical reasons. In some cases the revocation period will expire after 30 days, but only if a guilty plea is entered to the DWI charge in criminal court.

Aside from the revocation process, you will make an initial appearance in court. The judge will make sure that you understand what you are charged with, what your rights are and set conditions of your release. You will probably have to abstain from alcohol and possibily submit to blood alcohol tests as requested.

Several hearings preceed the trial. At those hearings, we deal with evidentiary issues and negotiate with the prosecutor to see if the case will be dismissed or the charges reduced. If we are unable to reach an acceptable plea agreement, a trial date will be set. Trials in a misdemeanor case occur before the Court or, if the Defendant wishes, to a jury of six.

If you plead guilty to drunk driving, or are found guilty of a DWI, sentencing is the final phase of the court process. You will likely undergo a chemical use assessment prior to sentencing and be ordered to comply with the assessor's recommendations. You will be sentenced to jail time, but most, if not all if it (if we are successful) will be stayed, as long as you remain law abiding and commit no same or similar offenses during your probationary period. In addition, you will probably have to attend alcoholics anonymous meetings or a MADD impact panel, attend an educational course about effects of alcohol on the body and pay a fine.

For the benefit of those who have been charged with a DUI in the Twin Cities or greater Minnesota, we have created the Minnesota DWI Blog. Detailed information pertaining exclusively to drunk driving issues is available for your review.

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The Minnesota Sentencing Guidlines outline the presumed sentences for felony offenses. Below, find an easy-to-navigate flowchart that outlines the options the Court has in imposing or staying a sentence in a felony case.

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Deputy Joshua J. Williams of Dakota County has been convicted of careless driving as a result of an incident that resulted in the death of a motorcyclist. Scott County Chief Judge William Macklin issued his opinion after Williams waived his right to a jury trial. Careless driving is a misdemeanor in Minnesota and usually results in community work service as opposed to jail time. Ironically, Williams, now convicted, has been re-assigned as a court security officer as a result of the charge.

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A male friend of a Columbia Heights mother was sentenced yesterday in the death of her 23-month-old child. The criminal defendant, Ahmed F. Mohamed, pled guilty earlier this year to second-degree unintentional murder (manslaughter) in Anoka County, Minnesota. Mohamed was ordered to serve 139 months in prison, with the possibility of release after two-thirds of his sentence.

In late 2006, police discovered the child dead in the home of her mother after the mother left her in the care of Mohamed. Evidence suggested that the child died of massive internal injuries that included a torn liver and broken ribs. 

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Hennepin County District Court Judge Kevin Burke has found Zachary King, Jr. not guilty of second-degree manslaughter. King's son died as a result of an attack by a family pit bull. The dog had a record of seven prior bites. "In the final analysis, the decision comes down to an application of one of the most important concepts in our law: reasonable doubt," Burke said.

Ironically, about a week after Judge Burke issued his opinion the Minneapolis Star Tribune reported that Burke, himself, has had issues with his own dogs. In fact, it was reported that he has been contacted 15 times since 2006 by Minneapolis Animal Control about his two Austrailian Shepherds. The paper stated that Burke was issued two warning letters as a result of a bite to another dog and a mail carrier being forced to use a chemical irritant to stand down the dogs. Read the story about Hennepin County District Court Judge Kevin Burke's Dogs.

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Former University of Minnesota football star Dominic Jones was found guilty of fourth-degree criminal sexual conduct by a Hennepin County Jury. Jones had been charged with third-degree sexual assault for having sex with an 18-year-old woman who prosecutors said was too drunk to give consent. If he had been convicted of that charge, which involves penetration, he could have faced four years or more. His conviction for fourth-degree criminal sexual conduct, which involves a finding of unwanted sexual contact, carries a presumed sentence of 24 months stayed - meaning he would not have to serve it unless he violated the terms of his probation.

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The Minnesota Rules of Criminal Procedure outline the criminal court process in Minnesota and address critical issues such as the scope of a criminal complaint, the pre-trial appearances that are required of a Defendant, the process of arrest and booking and plea agreements. Click below for a complete list of Minnesota Rules, with hyperlinks.

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Minnesota DUI and DWI statutes are contained in Minnesota Statutes Section 169A. Drunk driving offenses are addressed, along with driving under the influence of drugs or alchohol, underage drinking and alcohol consumption and felony DWI. We include an exhaustive list of the statutes below, with hyperlinks for convenient access.

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Minnesota Statutues Section 609 contains the vast majority of legislation relating to criminal charges. Most misdemeanor, gross misdemeanor and felony level offenses, including, but not limited to, theft, burglary, arson, criminal sexual conduct, fraud, bribery and disorderly conduct are included. Links and a description of each statute are included below. 

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