The Police Have Confiscated My Property. What Can I Do?
January 6, 2014 | Adriel B. VillarrealIf the police have taken your property they have typically done so under Minnesota’s asset forfeiture laws. They can only do this in one of two cases. The first is that they believe your property is “instrumental” to the crime you are accused of committing. So, for example, if you were pulled over and charged with a DWI or DUI, then the police could take your car, arguing that the car was instrumental to your ability to commit that crime. Note that this doesn’t happen after you are convicted of the crime. This means that a good attorney may be able to help you get our property back. The second case is when the asset is believed to have come from “criminal proceeds.” That is, someone sells $100,000 worth of drugs and uses that money to purchase a house. This is less common because it’s very difficult to prove. What About Asset Forfeiture? There are also cases of judicial asset forfeiture, but a judge can only take your assets after a notice and a hearing. All the same, this can be done without convicting you of any crime. If this has happened to you or happens to you in the future, know that you must move very fast if you want your property…
Read MoreExpungement Laws in Review
January 3, 2014 | Jon P. EricksonThere is currently a state of Minnesota House/Senate “working group” that is meeting periodically to try come up with modifications to the existing laws on expungement (sealing of criminal records) in Minnesota. The hope is that they can draft changes to the current law to allow expungements for more criminal matters including juvenile cases. The Minnesota Association of Criminal Defense Lawyers (MACDL) is assisting this “working group” of legislatures along with the Minnesota Council on Crime in Justice in drafting this potential legislation. I am a member of the MACDL legislative subcommittee and will be assisting in this endeavor. I will periodically be blogging on the status of this legislation in the upcoming session of the MN legislature so look for my blogs. I also encourage you to follow this legislature in the news as it progresses through the session. We here at BGS are set up to assist anyone who wants to pursue an expungement of their criminal record, please contact us with inquiries regarding this legal issue.
Read MoreDo I Have to Tell My Employer I’ve Been Charged with a Crime?
January 2, 2014 | Adriel B. VillarrealYou are not under any legal obligation to go out of your way to tell your employer about your arrest. However, your arrest and court appearances could cause you to miss work, which could lead to problems on the job. An arrest is not a conviction, so it may be in your best interests to come clean with your employer about what’s going on. You may also need or want to apply for a leave of absence to give yourself the time that you need to defend yourself. [maxbutton id=”1″ url=”https://bgs.com/contact-us/?july” text=”Get Legal Assistance” ] Arrests are matters of public record, and your boss may find out that you’ve been arrested anyway. Hearing it from you may help you hang on to your job. If you are convicted then you are still not required to go out of your way to let your employer know. For example, if you plead guilty to a misdemeanor and are sentenced to a fine you do not have to disclose that you now have a criminal record. Legally, you can’t be fired from a position or discriminated against in a hiring decision simply because you have a criminal record. You can only be fired if the position relates to the crime in some way. A receptionist can’t…
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