Feb
20

Why Timbs v. Indiana May Mean the End of the Line for Forfeitures in Minnesota

On February 20, 2019, the Supreme Court of the United States ruled that the Excessive Fines Clause in the 8th Amendment to the U.S. Constitution applies to civil forfeitures resulting from state criminal prosecutions. Timbs v. Indiana, __ U.S. __, No. 17-1091, (U.S. Feb. 20, 2019).

Minnesota, like most states, has civil forfeiture laws that allow the state to permanently take property from you when that property is used in connection with the commission of a crime.  For example, Minn. Stat. 609.5314 permits the state to take money, precious metals, or precious stones if they are found in...

Jan
29

Deportation by Speculation - the Rise of the Reason to Believe Charge

ICE has shown lately that it is becoming more willling to use any tool at its disposal to impact a removal proceeding.   One such trend has been the  notable increase in charging under section 212(a)(2)(C)(i) of Immigration & Nationalty Act.  This charge of removal or deportation is known by its standard, a “reason to believe” that an individual is knowingly involved somehow in drug trafficking.  This legal charge gives the government a powerful tool to try to keep a person in custody and bar him or her from staying in the United States.

In the bond and detention context, it is an...

Jan
29

The Mystery of the U Visa Wait Time Solved

The U.S. Congress created U non-immigrant status (the U visa) in October 2000 to help victims of certain crimes who have experienced extreme mental or physical abuse and were helpful to law enforcement of government in the investigation or prosecution of criminal activity.  The U visa bestows clear benefits, when granted: The applicant—and any qualifying family members included as the applicant’s derivatives—can work and reside in the United States lawfully for four years; but after having U visa status for three years, the Applicant can apply to become a lawful permanent resident...

Dec
3

Crimes and DACA - common issues that cause real problems

DACA recipients benefit from the Deferred Action for Childhood Arrivals (“DACA”) program which provides some immigration relief for children brought to the United States illegally at a young age.  If you have DACA, then the U.S. government essentially overlooks your illegal entry into the country and you can obtain a driver’s license, work permit and are protected from deportation – unless you get into certain kinds of trouble with the law.  What should you do if you have DACA and get charged with a crime?

While DACA offers protection from deportation, it is a fragile type of...

Dec
3

The Proposed Public Charge Rule Explained

The immigration law has long established that “any alien . . . likely at any time to become a public charge” is inadmissible to the United States. On October 10th, US Citizenship and Immigration Services (USCIS) proposed a new rule to expand its definition of a “public charge.”  These are proposed changes.    They are not the law today, and likely will change if and when the rule becomes final.   

There is a lot of rumors and false suggestions about this proposed rule.  Wilson Law Group wants you to know what is the issue and who it really potentially impacts.

What is a Public...

Nov
23

Social Security Benefits and Unauthorized Work - Clearing the Shrouds of Mystery

It is an urban myth that those who work without authorization in the United States will still receive social security benefits.  In fact, individuals who worked previously in the United States may need to act to ensure they receive proper credit for the work they performed after they become authorized to work.

The root of this dynamic is the Social Security Protection Act of 2004.  President Bush, in an effort to placate his party, pushed for legislation that changed who is eligible for retirement benefits for work performed in the United States.  The Protection Act bars payment to...

Nov
8

The Reality of the Dependency Exemption after the Tax Cut and Jobs Act

Generally, the tax dependency exemption is awarded to the custodial parent; this is the federal default[1]. The custodial parent is defined as the parent receiving more than 50% of the parenting time, based on overnights. However, Minnesota Courts have the power to award a tax exemption to a non-custodial parent incident to the determination of child support and physical custody. Minn. Stat. § 518A.38, subd. 7. In making the decision, Courts are directed to consider: 1) the financial resources of each party; 2) if not awarding the dependency exemption negatively impacts a parent’s...

Oct
14

Home Surveillance in the Digital Age - the Limits of Looking Beyond Your Doorway

Problems with neighbors are not uncommon. Whether your neighbor consistently parks in your parking spot, or paints their house with obnoxiously offensive colors, neighbors are likely to disagree at some point.

Respect for privacy is one of the most desirable traits in a neighbor. Of course, communities are better off when neighbors are welcoming and engage with one another, but we all have the right to privacy if we wish to exercise it. And the overall trend has been towards recognizing greater privacy protections, even while technology and social media increase access to, and distribution...

Oct
14

Child Support in Minnesota - Evolution or Revolution in 2018?

On August 1, 2018, a new child support law went into effect in Minnesota.  The question many people have is simple: so what?   Well, child support is all about the math.   In 2018, the math has changed in significant ways.

The new law requires the Court to know the exact number of overnights each parent will have with their child to determine the percentage of time each parent has, averaged over a two-year period, to apply a Parenting Expense Adjustment.  Minn. Stat. Sec. 518A.36. The Parenting Expense Adjustment, which is a new concept in Minnesota law, recognizes that a parent...

Mar
26

Don’t let an insurer take your grain. An insurer’s duty of good faith and fair dealing explained

In 2009, archaeologists discovered what is believed to be the world’s oldest known granary, a building in which grain and other foods are stored for extended periods. Located just off the shores of the Dead Sea in Jordan, researchers believe this granary to be more than 11,000 years-old (for perspective, 11,000 years ago sabre-tooth tigers and wooly mammoths still roamed the Midwest). 

The development of granaries in the ancient world mark what is perhaps the greatest evolutionary shifts in human history. Before the development of granaries, people were nomadic; moving from place to place...

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