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Criminal Defense Archives

Attorney Borgen Secures the Return of a Client's Forfeited Motorcycle

As discussed in a recent blog, certain criminal activity carries with it collateral consequences. A DWI will result in your license being revoked. Certain sex offenses may require registration as a sex offender. Certain felonies and crimes of violence will result in a loss of firearm privileges. Some criminal activity will also result in the forfeiture of property.

A Criminal Conviction May Result in a Loss of Firearm Privileges

Some criminal activity carries with it collateral consequences. For example, a DWI/DUI arrest will result in your license being revoked. A drug bust may result in your money or property being forfeited. Certain sex offenses require you to register as a sex offender.

Minnesota Law Allows You to Seal Criminal Records

In 2015, Minnesota revised its expungement law. The revised law makes it easier to seal criminal records. The revised law also allows, for the first time, meaningful expungement of criminal records relating to certain felony offenses. Before delving into the analysis of which records can be expunged and how easy or difficult it is to expunge the records, it is important to understand what expungement does.

A Defendant's Constitutional Rights in a Criminal Case

Criminal defendants have constitutional rights during the course of a criminal case. The most significant, and likely most well-known, is that a criminal defendant is presumed innocent until the government proves a defendant is guilty beyond a reasonable doubt. The burden of proof is exclusively with the government-a criminal defendant does not need to prove anything.

Sexual Assault Charges Dismissed

Yesterday, the Olmsted County Attorney's Office dismissed sexual assault charges against Stanley Fieseler of Chatfield, MN. A jury trial was set to begin in the case when the State of Minnesota informed Mr. Fieseler that it would not  be going forward with the charges. Mr. Fieseler was facing one count of second-degree criminal sexual conduct and one count of fourth-degree criminal sexual conduct. Mr. Fieseler vehemently denied any wrongdoing in the case. 

ACQUITTED: Bird, Jacobsen & Stevens' Client Found Not Guilty in Felony Firearms Case

Yesterday, a Houston County jury found Elizabeth Sanness not guilty of five criminal charges, four of which involved the use of a firearm. Ms. Sanness was charged with Felony Assault in the Second Degree-Use of a Firearm, Felony Stalking with a Firearm, Felony Threats of Violence While Brandishing a Firearm, Gross Misdemeanor Domestic Assault-Use of a Firearm, and Misdemeanor Domestic Assault.

What Does a Judge Consider When Setting Bail?

Last week, we published a blog about bail--specifically, we looked at the purpose of bail and mechanically how it works. This week, we examine a related topic: factors a judge considers when setting bail.

What is Bail and How Does it work?

Bail is money that a court requires an individual to pay to get out of jail. The purpose of bail is to assure judges that the individual will appear for all their court hearings in a criminal case. A judge will set bail if he or she has concerns about a defendant's ability to appear for court or concerns about public safety. If an individual misses a court appearance, a judge can forfeit any bail posted.

Six Tips for Talking with a Police Officer

This blog post--which is the last in a three-part series involving the Fifth Amendment to the United States Constitution--provides six tips on how to handle yourself when talking with a police officer.

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