Minnesota Hands-Free Law: New Basis for a Stop
On April 12 of this year, newly-elected Governor Tim Walz signed into law the new Minnesota Hands-Free Law, which broadly prohibits the handheld use of one’s cellular device while driving or operating a motor vehicle. (See https://dps.mn.gov/divisions/ots/hands-free/Pages/default.aspx). The law goes into effect on August 1, 2019 and will remain in effect unless and until the legislature passes...
Minnesota Expungement Laws – Seal Your Criminal Record
The criminal defense lawyers of Leverson Budke are Minnesota’s leading experts in Minnesota expungement laws. They have extensive experience and can point to many successes, even for very serious convictions. They provide free initial consultations to help you seal your criminal record, and every caller will speak to an attorney on the phone. But what exactly is expungement?
What...
Experienced Expungement Attorney MN Residents Can Trust
One of the most dedicated and experienced expungement attorney MN residents have to choose from. Consultations are free of charge.
My charges were dismissed; why is it still showing up on a background check?
You were charged with a crime. Your charges were dismissed by jury verdict, court order, or agreement with the prosecutor. So why is your arrest still showing up on a background check? Many Minnesotans are surprised to learn that potential employers can still see that you were charged with a crime even though they were never convicted of a crime. You may have searched your name on the court’s...
Did you fail on probation, or did probation fail you?
If you’ve been convicted of a crime, it’s unlikely that you were immediately shuttled off to prison. It’s more likely that you were placed on probation for a period of time and instructed to comply with certain conditions. Sometimes those conditions aren’t met. After all, life happens. In those circumstances, it’s usually best that you contact your probation officer as soon as you realize...
Does My Spouse Need Whiskey Plates in Minnesota?
If you’ve been charged with a Minnesota DWI or DUI, the government has likely revoked your driver’s license. If you were charged with a DUI/DWI, and there was at least one aggravating factor, they likely took your license plates as well. Aggravating factors include having a child in the car with you, having an alcohol concentration over .16, and having a prior DUI/DWI offense within the last...
IMPORTANT EXPUNGEMENT DECISION: A felony is, unfortunately, always a felony.
The Minnesota Supreme Court recently issued a decision impacting thousands of Minnesotans who sought to have a prior felony expunged from their record. In State v. S.A.M., the Court was tasked with determining whether a felony conviction, which was later reduced to a misdemeanor after the defendant successfully completed probation, should be treated as a felony or a misdemeanor for purposes...
Stop Talking to Prosecutors Without Your Own Attorney
Every day, hundreds of Minnesotans go to court to deal with a criminal charge. And every day, hundreds of people plead guilty to those criminal charges without once speaking to a defense attorney. If you’ve been charged with a crime, we understand that you probably just want to put it behind you and move on with your life. Unfortunately, there are often lingering consequences of which you may...
Sentencing and Gun Rights in Minnesota
If you were charged with a felony but convicted of a gross misdemeanor, your Minnesota gun rights should not be affected.
The federal government denies individuals the right to purchase, own, or possess a firearm if they have been convicted of a felony level offense. A “felony” is a crime punishable by more than a year in prison. However, even if you are charged with a felony, it’s possible...
Gun Rights and Domestic Violence
You’ve been convicted of domestic assault in Minnesota; now what? If you’re a gun owner, you’ve probably done some research about how this particular offense will impact your ability to possess a firearm. Along the way, you’ve likely seen many confusing, and often conflicting, accounts. For example, a person convicted of a misdemeanor domestic assault is prohibited from possessing a firearm...