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Possession of Drug Paraphernalia

Criminal Law, Drug

With the recent legal landscape surrounding marijuana changing throughout the United States, it can be confusing knowing exactly what is allowed. Even more confusing is understanding the interplay between marijuana and drug paraphernalia. Drug paraphernalia is defined under statute as all equipment used to manufacture, inject, test, or enhance a controlled substance. See Minn. Stat.

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Do I Look Guilty If I Hire A Lawyer?

Criminal Law

The Sixth Amendment to the United States Constitution, as well as Article I Section Six of the Minnesota Constitution, guarantees that every citizen who has been accused of a criminal offense will enjoy the right to the assistance of counsel. In plain language, this means that every individual who has charges brought against them by

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Posting Bail: Get Out of Jail…Free?

Criminal Law

The United States has a longstanding tradition of allowing individuals who have been arrested to be released on bail prior to their case being tried, effectively known as “pre-trial release”. The Eighth Amendment to the United States Constitution explicitly forbids the imposition of excessive bail. While this prohibition is thought to hold the courts accountable,

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How Do I Know if I Have a Warrant Out for My Arrest?

How Do I Know if I Have a Warrant Out for My Arrest?

Criminal Law

The uncertainty of not knowing whether you have a warrant out for your arrest can be detrimental to your everyday life. Often, if someone has an active warrant, it is a result of a missed court appearance, so there is some certainty in knowing if you are wanted by law enforcement. However, that is not

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Juvenile Justice: Understanding The Process When Your Child Is Arrested

Criminal Law

As a parent, one of the worst scenarios is receiving a call from the police informing you that your child has been arrested. It is often an overwhelming situation that is even more complicated by a lack of familiarity with the juvenile court process. While there are some similarities between juvenile court and adult criminal

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Scales and gavel

Potter Trial Update: Kim Potter Testifies in Her Own Defense

Criminal Law

On Friday, December 17, 2021, Kim Potter took the witness stand to give her account of what took place on April 11, 2021, the day Daunte Wright was shot and killed while attempting to flee from a traffic stop initiated by Ms. Potter. During her tear-filled recitation, Ms. Potter recalled seeing a fellow officer struggling

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Understanding Your Rights As a Passenger During a Traffic Stop

Traffic

On September 20, 2021, the Minnesota Court of Appeals passed down its ruling on the case of State v. Robison. A case in which the passenger—Robinson—was successful in suppressing evidence discovered after officers removed both the driver and Robison during a routine traffic stop for speeding and began ransacking the vehicle without appropriate justification. The

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Derek Chauvin Pleads Guilty in Federal Court: What This Means

Criminal Law

On December 15, 2021, Derek Chauvin, the ex-officer convicted of 2nd-degree unintentional murder stemming from the death of George Floyd, pled guilty in federal court to two counts of violating the constitutional rights of citizens to be free from unreasonable force by a police officer. This guilty plea was an amendment to his original plea

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Brown wooden gavel on a table

Jury Stipulations in the Case Against Kim Potter

Criminal Law

On April 11, 2021 Daunte Wright was subjected to a traffic stop due to expired registration and air fresheners hanging off the rearview mirror. Officers soon learned that Mr. Wright had a warrant out for his arrest, had him exit his vehicle, and attempted to take him into custody. A skirmish ensued, where Mr. Wright

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Can Police Search You and Around Your House Without a Warrant?

Criminal Law

When looking into a suspected criminal offense, police officers focus heavily on gathering enough evidence to convict the potential criminal of a crime. It is required by the Fourth Amendment to the United States Constitution that police officers either have a search warrant or subsequent permission to search a piece of property. More often than

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