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Minnesota Criminal Defense Law Blog

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Top Rated Lawyers | 2013 Labor and Employment

Top Rated Lawyers | 2012 Labor and Employment

Those accused of domestic violence deserve proper hearing

Domestic violence, say abuse experts, is on the rise in Minnesota. According to the Domestic Abuse Project, there were 14 domestic homicides for the whole of last year, whereas there have already been 13 domestic homicides this year.

 

Potential domestic violence victims are being urged to pay attention to danger signs, such as threatening to kill a partner; having a history of using a weapon in an assault or displaying it as a threat; attempting to strangle a partner; acting obsessively jealous; or forcing sex on a partner. 

Former Mankato coach no longer at University after allegations

Last year, we wrote about the former head coach at Minnesota State Mankato, who was cleared of child pornography charges connected to his use of a camera issued by the university to film his children playing after a bath. Following the incident and the charges, Hoffner was placed on administrative leave, and it was not clear that he would be able to return to his head coach position.

 

It was eventually announced that Hoffner would be working as the assistant athletic director for facilities development, a role that made him responsible for helping develop the school’s master plan for athletics and recreation facilities. on his own, saying it is a private matter. During last year’s investigation of the incident, our readers may remember that Hoffner sued the state and Blue Earth County in order to keep the police reports private, after a Twin Cities television station requested them. 

Minneapolis cop accused of soliciting minors on Facebook

A former Minneapolis police officer is facing serious criminal charges in both Hennepin and Anoka counties after being accused of soliciting underage girls to engage in sexual conduct. Prosecutors say that he met the girls on a social networking site.

According to Hennepin County prosecutors, the officer went online posing as a younger man. He then sent pictures of his private parts to two girls, who were ages 11 and 14. He initially just chatted with the girls online, but after sending the pictures he asked them to meet with him in person.

DWI defendants may benefit from McNeely decision, P.2

As is hopefully clear from our last several posts, the recent McNeely decision has been given very different interpretations by prosecutors and defense attorneys. While prosecutors want to give the ruling the narrowest possible construction, defense attorneys believe the ruling has implications for more cases than prosecutors want to admit, perhaps many more.

 

For those who are currently in the middle of a DWI case, the thing to understand is that it is important to work closely with an experienced attorney in getting a challenge filed. This goes not only for cases involving involuntary blood testing, but also cases involving voluntary blood testing, urine testing and even breath testing. 

DWI defendants may benefit from McNeely decision, P.1

In our last couple posts, we’ve been discussing the recent U.S. Supreme Court Decision, Missouri v. McNeely, which ruled that search warrants are required before police may take blood samples from DWI suspects. The ruling did say that exceptions can apply in cases where the blood alcohol level dissipate due to the time require in obtaining a warrant, but such exceptions are to be made on a case-by-case basis rather than categorically.

 

Thousands of DWI cases in Minnesota could be affected by the decision. Currently, more than 20 percent of DWI cases in Minnesota make uses of blood tests—80 percent of arrests are made after a breathalyzer test. The State Patrol has said that the decision will only affect involuntary blood tests, and the Minneapolis city attorney’s office, which deals with over 1,000 DWI cases yearly, says that the case has narrow applicability and will have “no automatic effect on any existing case.” 

Supreme Court issues decision that could impact DWI cases, P.2

In our previous post, we began discussing a recent Supreme Court decision, Missouri v. McNeely, which ruled that involuntary blood draws constitute a search within the meaning of the Fourth Amendment, and are therefore are bound by the general warrant requirement.

Justice Sotomayor, who wrote the McNeely decision, did say, however, that there may be DWI cases where anticipated delays in obtaining a warrant could justify a forced blood test. That comment was tempered by another in which she said that there may be other situations in which there is no plausible justification for an exception to the general warrant requirement.

Supreme Court issues decision that could impact DWI cases, P.1

Under Minnesota law, it is illegal for a suspected drunk driver to refuse a blood alcohol test, and when the situation demands it, police are able to take blood samples without a court order, such as in cases involving serious injury or death. The Minnesota Supreme Court recently ruled in two separate cases that the practice is permissible due to the risk that blood alcohol levels could dissipate before a warrant is obtained in DWI cases.

But a recent U.S. Supreme Court decision, Missouri v. McNeely, could impact current practices in Minnesota. In a 5-4 decision, the court said that involuntary blood draws are a "search" with respect to the Fourth Amendment, and therefore a warrant is generally required before taking such blood draws.

Idaho businessman indicted on 83 fraud charges

An Idaho businessman has been implicated in an alleged fraud of hundreds of Minnesota residents. The man, who is accused of encouraging Minnesotans and others to invest in failed real estate opportunities, may have caused an estimated $169 million in losses, though the numbers could be higher by the end of the investigation.

News media reports show the man was indicted on 83 counts of real-estate fraud. The man, along with his business colleagues, is accused of lying to investors about the potential for return on their investments. They also misled the investors about the robustness of their company's real estate holdings, ultimately using money from the newer investors to pay dividends for the initial buyers.

Minor trafficking victims safe from criminal charges

Minnesota legislators have taken steps to reduce human trafficking in the region, including passing funding to protect the state's young victims. Legislation passed in 2011 helped decriminalize sex trafficking for the victims of sex rings, some of whom are as young as 13. Juveniles under the age of 16 are not penalized for their involvement in the sex rings, which is largely involuntary. Now, they are treated as victims who can receive state-funded services.

Funding for that bill, known as the "Safe Harbor for Sexually Exploited Youth Act," is up for renewal within the state legislature. Proponents of the measure say it could continue to protect victims of sex trafficking rings that persist today. In fact, a group of five adults was recently charged in connection with a trafficking operation that allegedly preyed on mentally challenged and otherwise vulnerable women and children. That endeavor lasted for two years before investigators discovered the operation, which reportedly utilized ads on adult-themed Web sites to traffic victims throughout the state.

Man jailed after allegedly crashing into bicyclists while under the influence of alcohol

On Saturday morning, a 28-year-old Minneapolis woman was reportedly killed in a fatal hit-and-run accident in south Minneapolis. Police apparently found the responsible driver shortly after the accident, and have since cited her with DWI and criminal vehicular homicide.

The bicyclist reportedly was not wearing a helmet at the time of the accident, and had no lights on her bicycle. The accident took place at two o'clock in the morning, so such precautions would have been wise, but precautions can only go so far. Drunk driving carries with it huge risks, and those who are harmed by it deserve justice.

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