Civil forfeiture is a controversial issue.
On Friday, July 20, 2018, a Fillmore County jury found Bradley Swanson not guilty of four drug charges. During the trial, the Fillmore County Attorney argued that Bradley Swanson conspired with his ex-girlfriend and a minor to grow marijuana in Chatfield, MN. The marijuana grow operation was discovered during a drug raid in May 2017.
Earlier this week, an Olmsted County judge dismissed four of five charges against Nicholas Loomis, including felony drug and gross misdemeanor DWI charges. The dismissal was based upon the judge's finding that the State of Minnesota, represented by the Olmsted County Attorney's Office, violated Loomis's constitutional right to a speedy trial.
On Friday, the Olmsted County Attorney's Office dismissed a criminal damage to property charge against one of Attorney Grant Borgen's clients. A jury trial was set to begin this morning, but the Olmsted County Attorney's Office informed Mr. Borgen on Friday that it would not be going forward with the case. This is a great result for the client, who vehemently denied any wrongdoing in this case.
In Minnesota, if you plead guilty or are found guilty of a criminal offense, you will have a sentencing hearing where a judge will impose consequences as a result of your criminal behavior. There are a lot of confusing terms that are thrown around during the sentencing phase of criminal case. This blog attempts to break down these terms.
Minnesota law allows law enforcement agencies to seize property in a wide range of alleged criminal investigations. That may seem obvious, as property is often evidence that prosecutors intend to use to pursue a conviction. However, there is another side to some seizures. Each year, law enforcement agencies and prosecutors seize cars, cash, computer equipment and other assets under Minnesota asset forfeiture laws.
On Friday, an Olmsted County jury acquitted Rochester resident Oddie Oker of rape and burglary charges. The State of Minnesota accused Oker of breaking into an acquaintance's residence and committing a brutal sexual assault.
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.
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.
Click here for an article about how juries operate in criminal cases in Minnesota.