Criminal Defense Questions – FAQ
Yes, your driver’s license can be revoked for up to 90 days with a first-time DUI/DWI conviction. Having a BAC higher than 0.16% or a minor passenger in the car can increase the length of your revocation.
If you have been convicted of a first-time DUI/DWI, you may have the option to retain your license by installing an ignition interlock device (IID) on your car. If you have a more serious DWI/DUI conviction, you may be required to install an IID as well.
Essentially, an IID requires you to take a breathalyzer test before your car will start. If you blow under the legal limit, your car starts like normal. If not, you’re staying put.
One thing that is important to note is that IIDs are expensive to install and maintain. If you are required to use an IID, you are also required to pay for all of its expenses, which typically total a couple hundred dollars.
Yes, you can. Most of the time, it is the prosecutor’s decision whether or not to press charges. However, if your partner does not want to press charges, the lack of their witness testimony will likely hurt the prosecutor’s ability to prove their case.
A DANCO, or domestic abuse no contact order is a restraining order which prohibits someone accused of committing domestic assault from having any contact with the alleged victim. It typically also includes any children involved. This includes any communications through third parties as well, although the victim is not prohibited from contacting the accused.
Violating a DANCO is a very serious offense and can result in penalties as severe as the original domestic violence charges. Do not violate a DANCO, no matter what.
Yes. Because solicitation hinges on the agreement to exchange money for a sexual act, it does not require money to be exchanged or a sexual act to be committed. Merely making a verbal agreement for the exchange is enough to constitute solicitation.
Yes. The police can seize any property that was used in the commission of solicitation. This means that if you are convicted of soliciting prostitution from your car, the police can take your car.
Minnesota does not offer a specific permit for concealed carry of a firearm. Instead, carrying in public requires a general permit to carry. If you have a permit, you can have a concealed weapon or open carry as long as you are in a place where it is legal to carry.
Minnesota is generally permissive in its gun ownership laws and only prohibits fully-automatic machine guns and short-barreled shotguns.
Less severe felonies can be expunged, but serious violent or sexual felonies like homicide, sexual assault, or kidnapping can never be expunged.
Once you are eligible to begin the expungement or record sealing process, the entire process typically takes 4-6 months.