Where technology has evolved, individuals are not just traveling with everything at the push of a button, but they are also carrying the ability to track their location with them. When a person carries a cell phone, it pings off the different cell phone towers that it accesses as it moves. So, with some expertise and law enforcement trained into reviewing these records, police can literally track a suspect’s movements from the moment they left their house. Generally, Courts have allowed law enforcement to use search warrants to search a particular phone number/device to track such movements. B ..read more

Why do I need an Expungement Lawyer?  Technically, you do not need an expungement lawyer. But going in without one is to your own detriment. The expungement process is detail-oriented with what must be filed and served. And the hearing involves State opposition from trained attorneys and even questions from the Court about the merits of your request.    Expungement lawyers at North Star Criminal Defense have a proven process that has been meticulously built and developed to get the best possible outcome when showing up to court. And when we say best possible outcome, that almos ..read more

A common question we get from our clients and family/friends is: what is the difference between a misdemeanor vs. felony? To understand this, we will go over the full list of levels of crimes in Minnesota, starting with a type of conviction that is technically not a crime. The Difference Between a Misdemeanor vs. Felony Distinctions between misdemeanors and felonies in Minnesota are based on factors such as the nature of the offense, the potential harm caused, and the prescribed punishment under state law. Petty Misdemeanor Petty misdemeanors are not crimes, per Minnesota law. So, while a pers ..read more

If you are charged with a marijuana DWI, the State’s manner of proof is far different – and frankly harder – than a standard alcohol-related DWI. The primary reason is that the State is forced to prove actual impairment and cannot rely simply on a scientific test to tell us that the person is impaired. The BCA experts will even admit – the mere presence of THC in a person does not correlate to impairment. There is no .08 threshold like in alcohol where a person can be scientifically determined to be impaired. So, the State must prove impairment by the person’s driving and personal conduct. Thi ..read more

The Supreme Court recently issued a critical decision that will have wide-ranging impact that coincides with the new legalization of marijuana. As outlined previously in this blog, the Court of Appeals ruled that the mere odor of marijuana – without any other circumstances to point to possible criminal activity – may not justify the search of a vehicle. The court tried to state that it’s holding was NOT odor alone is insufficient for the search, but rather the totality of the circumstances were insufficient. Those circumstances, though, pointed to the singular conclusion – odor alone is insuff ..read more

With the legalization of marijuana possession and use on August 1, 2023, there will be a dramatic change and impact on how police enforce these new laws. And with it will come learning curves. A major point of issue will be the inevitable uptick in marijuana DUI’s. MinnPost – a local news source – recently published an article on the new law and enforcement of a marijuana DUI, in which our very own, Mr. James Gempeler was quoted several times based on his experience and expertise in this area (even noting a recent acquittal achieved in a marijuana DUI case). Here is the marijuana DUI article q ..read more

The Use of Wireless Devices statute – which governs the use of cell phones while driving – has undergone another revision. And it comes just four short years since its most recent revision, demonstrating the ongoing battle to tamper down the proliferation of cell phone usage while driving. So let’s take a look at the small changes to Minnesota’s texting while driving law. As you know from our prior posts (presumably), a driver may only use a cell phone while driving if it is in voice-activated or hands-free mode. Evidently, the State Patrol and other law enforcement agencies wanted to make it ..read more

The Constitution protects every criminal defendant by declaring that the defendant is innocent until proven guilty. And in order to be proven guilty, the State must prove each and every element beyond a reasonable doubt. It is the State’s burden of carrying this burden of proof. While most people understand this principle, few understand the definition of ‘beyond a reasonable doubt’ and how this works in practice. So let’s dive in. Before getting the definition, running over the different burdens of proof can help provide some context. In civil cases, the burden of proof is ‘preponderance of t ..read more

The central analysis in a firearm rights restoration matter is whether the petitioner can demonstrate ‘good cause,’ which is undefined by statute. Previous case law has bestowed upon this vague concept the following definition: “a reason for taking an action that, in legal terms, is legally sufficient, and, in ordinary terms, is justified in the context of surrounding circumstances.” Still left in the dark? You’re not alone. The result is uncertainty and inconsistency in how this is applied by the courts, as demonstrated by a recent Court of Appeals decision. In applying the non-defining defin ..read more

If you’ve just been served with an Order for Protection in Minnesota, your world is potentially flipped upside down. It is critical to understand what this Order is, how it immediately impacts you and your daily life, and what your options are for fighting an Order for Protection.  What is an Order for Protection? An Order for Protection is a court order preventing the respondent from having contact (either in person or via communications) with the protected party. Any violation of the Order results in the criminal charge of violating an order for protection. It is this possible criminal ..read more