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

Jul
28

Innocent Until Proven Guilty?

In the criminal justice system, everyone is innocent until proven guilty, right? That does not always appear to be the case. A recent DWI case involving an attorney who will likely be seeking election to our State's Supreme Court highlights this issue. Law enforcement stopped Michelle MacDonald for speeding in April 2013. The officer who stopped her initiated a DWI stop and asked her to perform field sobriety tests which she refused because she said she had not been drinking that night. MacDonald's refusal continued at the police station, where she refused to take a chemical test to...

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...

Feb
14

Crimes Triggering Visa Revocations while Traveling in the US

Wilson Law Group recently became aware of a disturbing new trend relating to non-immigrant visa (NIV) holders.  Those in the United States with student (F), employment-based (H-1B), exchange (J-1) visas, and investor visas (E-2), among others, are affected.  Those NIV holders who, during their stay in the US, are arrested for a minor criminal incident are receiving correspondence from the Department of State, often via email or phone, indicating their visas have been cancelled while they are still traveling in the United States.  The revocation messages indicate a foreign national may...

Oct
3

New Developments in DWI Law

Birchfield v. North Dakota

For years, lawyers in Minnesota have argued about the validity of the Minnesota Implied Consent Law and the corresponding criminalization of refusal to take a blood, breath, or urine test.  In Minnesota, as in many other states, in order to enforce laws against drunk driving, statute establishes that by applying for a driver’s license, you have impliedly consented to a test if there is probable cause to believe that you have been drinking prior to operating the vehicle.[1]  If you are asked to take a test and you refuse to comply, the refusal results in a more...