Many bankruptcy clients wonder why civil judgments (for credit card debt and other types of debt) still appear on their credit reports even after they have filed for bankruptcy and received a discharge order discharging the underlying debt.
A recent Supreme Court decision, Voisine v. United States, put gun rights in the news once again. This decision affirmed federal law that triggers the loss of Second Amendment rights – the right to bear arms – in the case of certain domestic-abuse convictions, including misdemeanor convictions. Justice Clarence Thomas dissented in this case, writing that we treat “no other constitutional right so cavalierly . . .
No-fault personal injury protection (PIP) coverage is required by Minnesota law and provides basic economic loss benefits for losses sustained “…through injury arising out of the maintenance or use of a motor vehicle.” Minn. Stat. §65B.44 Subd.1(a). These benefits are paid by one’s own automobile insurance carrier without regard to “fault”; it does not matter who is to blame for the accident.
The Minnesota Supreme Court recently issued a decision in State v. Bernard, a case that challenged the constitutionality of a state law that criminalizes a breath test refusal in an investigation for driving under the influence of alcohol (DWI).
Mandatory minimum sentencing laws exist on both the federal and state levels. These laws require prison or jail sentences for certain criminal offenses. For example, in Minnesota, offenders may face mandatory minimum sentences for multiple DWI convictions, sex offenses, gun and weapon charges, and for controlled substance charges.
Having your driver’s license revoked as a result of a DWI can cause significant hardship, as you may not have transportation to your job, school, medical appointments, and more. Additionally, if your job duties require you to have a driver’s license, you may risk losing your employment. Fortunately, Minnesota’s Ignition Interlock Device Program can help most people with an alcohol-related revocation to get their driving privileges reinstated.
The Ramsey County criminal justice system recognizes that many criminal offenders have significant underlying issues that attributed to their criminal actions and, therefore, may require additional resources to ensure they do not end up back in court in the future. For this reason, specialized programs such as drug courts, DUI courts, and veterans courts are in place to assist eligible offenders.
Often, veterans returning home from active duty face many struggles. Some veterans suffer from physical disabilities or mental health conditions that may keep them from returning to their past professions, cause financial struggles, and create strains in family relationships. Though some help is available through the U.S. Department of Veterans Affairs, too many veterans do not realize that help is available or do not seek assistance for a variety of reasons. Unfortunately, some veterans who are struggling end up facing criminal charges.
The laws in Minnesota and across the country are ever-changing, with new proposals being introduced by both liberal and conservative legislators on a regular basis. While it is difficult to predict exactly what new developments may come to light in regard to laws, it is possible to examine trends to try to know what to expect in the coming years. Laws regarding drunk driving can have a substantial effect on the way many Americans live their lives and the choices they make.
If you have been convicted of a crime in Minnesota, you know that your criminal record can make it difficult to qualify for a job or a secure place to live. You may be wondering about the possibility of having a Minnesota criminal conviction removed from your record. While it is not possible to have a criminal conviction completely removed from your record, there is a process for having the criminal records sealed. This process is called “expungement”. An expungement is a court-ordered sealing of criminal records held by the government, not a destruction of those records.