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.
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.
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.
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.
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.