Category: Criminal Law
Why I Do What I Do
October 1, 2012 | Jon P. EricksonPeriodically I receive a call or a letter from a client I represented that reminds me of the importance of legal defense and how what we do can have such an impact on a client’s life. I recently received just such a letter from a mother whose son I represented on a Criminal Sexual Conduct charge of an incident involving an under aged female. He was an 18-yr-old senior in high school at the time, and she a 15-yr old-freshman. We were unable to negotiate a plea agreement, so we chose to have a jury trial. He was found not guilty. The following letter (names changed for privacy) told me of how he is now doing some two years after his acquittal. If he had been found guilty he likely would not have gone to college to follow his dream because of the collateral consequences of a criminal sexual conduct conviction. Dear Jon, You may not remember Mike, but a couple of years ago you represented him in a Felony Criminal Sexual Conduct case. You were able to prove him innocent, and clear his name. I was thinking about you the other day, as I was sitting in the stands watching Mike play football in his second year at University. It was such…
Read MoreMN Ignition Interlock Program
July 1, 2011 | Jon P. EricksonMinnesota now has an ignition interlock program for those people who lose their drivers licenses because of various levels of DWI convictions, or the loss of their driver’s license because of an over .08 blood alcohol reading or a refusal to give a test. The program is voluntary so no Judge or Driver’s License Bureau can force one into the program. The program is somewhat expensive and intrusive so it won’t work for all who find their drivers license taken away from them by state for an alcohol related matter. It can be a workable option, however, because one can get a license after only 30 days of cancellation regardless of why one lost their license. These licenses can have limitations or restrictions depending on the driver’s circumstances. In the past it could be even one year or more before one could get a license of any kind. There is a good explanation of the program at www.minnesotaignitioninterlock.org. While the website has a lot of good information to help someone who wants to look into this program, I would suggest that one should also contact his/her attorney because of how the ignition interlock interplays with other punishments and sanctions for a DUI related matter. Any person faced with this license problem needs to…
Read MoreNo Texting While Driving Minnesota Statute
May 6, 2010 | John T. BuchmanMinnesota Statute 169.475 makes it illegal and subjects the violator to a fine and possible jail sentence for texting, emailing, accessing a web page, or similar actions. A driver can still make a phone call or use a hands free communication device. The statute reads in part, “no person may operate a motor vehicle while using a wireless communication device to compose, read or send an electronic message, when the vehicle is in motion or a part of traffic.” There are exceptions for emergency circumstances.
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