Minnesota Misdemeanors: DWI, Traffic, Criminal, and Ordinance Offenses

Minnesota Misdemeanors: DWI, Traffic, Criminal, and Ordinance Offenses provides comprehensive coverage of the procedural issues involved in pretrial, trial, and appellate practice for offenses ranging from enhanced gross misdemeanors to drunk driving to traffic violations. Although misdemeanors may be minor offenses, they are of major importance to defendants, victims, and the courts. Many of these crimes are hardly trivial, and the penalties imposed are often severe - That's why Minnesota Misdemeanors: DWI, Traffic, Criminal, and Ordinance Offenses is the authoritative text for practicing attorneys involved in this swiftly changing and expanding area of the law.
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2023 Edition
ISBN: 9781663350879
Estimated: December 30, 2022
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Minnesota Misdemeanors: DWI, Traffic, Criminal, and Ordinance Offenses comprehensively explains and discusses the prosecution, defense, and adjudication of gross misdemeanor, misdemeanor, and petty misdemeanor—i.e., non-felony—cases in the district courts of Minnesota. Although these criminal, traffic, and ordinance violations might appear to be minor, they are of major importance to defendants, victims, attorneys, judges, probation officers, court personnel, investigating officers, witnesses, jurors, and the public whose lives are profoundly affected by them. This text provides comprehensive coverage of the procedural issues involved in pretrial, trial, and appellate practice for offenses ranging from enhanced gross misdemeanors to drunk driving to traffic violations.

Many non-felony offenses are hardly trivial. These offenses range from petty misdemeanor speeding and possession of marijuana, to misdemeanor assault and theft, to gross misdemeanor driving while impaired (DWI) and domestic abuse. For defendants, a jail sentence of up to one year, a $3,000 fine, six years of probation, extended loss of driving privileges, forfeiture of firearms and vehicles, and restitution, treatment, or other conditions of sentence may be imposed. Victims often suffer serious psychological damages, physical injuries, and property losses that can affect them even after the court case is resolved. Significant deterrent, rehabilitative, and public-safety considerations are also involved.

Also highlighted here are Minnesota’s rules of evidence and those procedures leading to the proper handling of such measures for both the prosecution and defense of the crime . Since the admission of evidence is critical to the outcome of these trials, the publication provides extensive background on the complex body of law limiting the gathering and use of evidence in criminal cases, emphasizing the constitutional requirements for arrest, search and seizure, stop and frisk, confessions and admissions, and other issues.

The 2022 ISBN is 9781663328816.

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Table of contents

Part 1 Pretrial, Trial, and Appellate Practice for Misdemeanors in Minnesota

CHAPTER 1 INTRODUCTION TO GROSS MISDEMEANOR, MISDEMEANOR, AND PETTY MISDEMEANOR PRACTICE IN MINNESOTA

CHAPTER 2 CHARGING: COMPLAINT, CITATION, AND TAB CHARGE

CHAPTER 3 FIRST APPEARANCES UNDER RULES 5 AND 8

CHAPTER 4 PRETRIAL DISCOVERY

CHAPTER 5 OMNIBUS HEARING, PRETRIAL CONFERENCE, AND MOTIONS

CHAPTER 6 GUILTY PLEAS: PROCEDURE, NEGOTIATIONS, WITHDRAWAL

CHAPTER 7 THE TRIAL

CHAPTER 8 DISPOSITION: DIVERSION AND SENTENCING

CHAPTER 8A EXPUNGEMENT

Part 2 Major Constitutional, Statutory, and Other Limitations on the Gathering and Use of Evidence in Criminal Cases

CHAPTER 9 INTRODUCTION: GENERAL PRINCIPLES

CHAPTER 10 SEARCH AND SEIZURE

CHAPTER 11 ARREST

CHAPTER 12 STOP AND FRISK

CHAPTER 13 CONFESSIONS AND ADMISSIONS

CHAPTER 14 IDENTIFICATION PROCEDURES

CHAPTER 15 OTHER IMPORTANT LIMITATIONS ON THE USE OF EVIDENCE

Part 3 Selected Misdemeanor Offenses and Traffic Violations

CHAPTER 16 GENERAL PRINCIPLES OF LIABILITY

CHAPTER 17 DWI AND IMPLIED CONSENT

CHAPTER 18 FLEEING A POLICE OFFICER

CHAPTER 19 LEAVING THE SCENE OF AN ACCIDENT

CHAPTER 20 DRIVER’S LICENSE VIOLATIONS

CHAPTER 21 RECKLESS, CARELESS, INATTENTIVE DRIVING AND OTHER MAJOR TRAFFIC OFFENSES

CHAPTER 22 ALCOHOL IN A MOTOR VEHICLE

CHAPTER 23 SPEEDING

CHAPTER 24 ASSAULT, DOMESTIC ABUSE, AND PROTECTIVE ORDERS

CHAPTER 25 DISORDERLY CONDUCT AND OBSTRUCTING LEGAL PROCESS

CHAPTER 26 INDECENT EXPOSURE, PUBLIC INDECENCY, INVASION OF PRIVACY, AND SIMILAR OFFENSES

CHAPTER 27 TRESPASS

CHAPTER 28 DAMAGE TO PROPERTY

CHAPTER 29 FALSE INFORMATION TO A PEACE OFFICER

CHAPTER 30 THEFT, POSSESSING STOLEN PROPERTY, AND OTHER PROPERTY OFFENSES

CHAPTER 31 ISSUANCE OF DISHONORED CHECKS AND CHECK FORGERY

CHAPTER 32 FINANCIAL TRANSACTION CARD OFFENSES

CHAPTER 33 PROSTITUTION

CHAPTER 34 LIQUOR PURCHASE AND SALES OFFENSES

CHAPTER 35 DRUGS AND DRUG PARAPHERNALIA OFFENSES

TABLE OF CASES

TABLE OF STATUTES

INDEX