Mar
13

Five Immigration Facts Every Judge and Attorney Should Know

The Hon. Alan F. Pendleton of the Anoka County District Court cites Wilson Law Group in his recent judicial training update, which discusses the intersect of criminal and immigration law.  You can read the full document here:136-104-minnesota-judicial-training-update.pdf

Dec
27

Refusal to Test in Minnesota - US Supreme Court to Review Implied Consent Statute

The US Supreme Court recently granted certiorari in Bernard v. Minnesota.  Bernard addresses Minnesota’s DWI refusal statute that makes it a crime to refuse to take a warrantless chemical test if law enforcement has probable cause to believe you have been operating a motor vehicle or boat while under the influence of drugs or alcohol.

Two years ago when SCOTUS decided Missouri v. McNeely ,133 S. Ct. 1552 (2013), DWI law seemed to be heading for big changes around the country and here in Minnesota. Unfortunately, McNeely has not had as much of an impact as we had hoped here in Minnesota...

Dec
27

The Importance of Enhancements in Criminal Sentencing

What is an enhanceable offense?  Under Minnesota Law, an offense is enhanceable if a conviction or a plea of guilty triggers a look-back period, which most commonly, lasts for ten years to punish someone for repeat conduct.  During the ten years immediately following a conviction, if you are charged with the same offense, the severity of the charge can be increased or enhanced based on the previous conviction.  This leads to greater consequences

In Minnesota, enhanceable offenses include, but are not limited to, the following: domestic assault, violation of a harassment restraining...

Feb
14

When Is a Conviction a Crime of Violence - the evolving interpretation of 18 USC Section 16

Challenging the Use of 18 U.S.C. § 16(b) in Deportation Proceedings.

The Armed Career Criminal Act of 1984 (ACCA) is a federal law that provides sentence enhancements for felons in possession of a firearm, if the felon has three or more previous convictions for a “violent felony.” The term “violent felony” includes any felony that “involves conduct that presents a serious potential risk of physical injury to another.” 18 U.S.C. § 924(e)(2)(B). This portion of the definition, known as the “residual clause,” is unique in that it is not focused on the elements of a conviction...