Second Degree DWI is a gross misdemeanor level offense in Minnesota. This level of offense carries a maximum punishment of up to one year in jail and a $3,000 fine. Second Degree DWI is the second most severe level of DWI in Minnesota. First Degree DWI is the only more serious DWI and is a…

Third Degree DWI in Minnesota is a gross misdemeanor level offense. Gross misdemeanors have a maximum punishment of up to one year in jail and a $3,000 fine. Third Degree DWI is neither the most severe, nor least severe DWI. First Degree DWI is the most serious in Minnesota, which is a felony level offense….

Fourth Degree DWI in Minnesota is a misdemeanor offense. While misdemeanors have a maximum punishment of up to ninety days in jail and a $1,000 fine, Fourth Degree DWI is the lowest level of DWI in Minnesota. First Degree DWI is the most severe as a felony. Second and Third Degree DWI are gross misdemeanor…

In criminal cases, restitution may be awarded to the victim(s) when deemed appropriate by the court. The criteria for determining whether restitution is appropriate and if so, what amount, varies from state to state. In Minnesota, the statute lists two factors the court uses to decide whether restitution should be awarded, and the amount: (1)…

Short answer: forever. Longer answer: for insurance purposes it may be shorter. If you get an expungement of your Minnesota DWI, then it can be on your record for less time. For enhancement purposes, it is a ten-year time frame in Minnesota. Every insurance company is different. How the company treats even one DWI can…

Expungement of a juvenile record in Minnesota is slightly different than expunging an adult record. In adult expungements, there are waiting periods before someone can be eligible for a statutory expungement – if they received a stay of adjudication, went through a diversion program, or were convicted of the offense. These are often one-, two-,…

In Minnesota, there are two types of departures for defendants to request at sentencing. We previously reviewed what a dispositional departure is here, which asks a judge to not send a defendant to prison. The other departure your defense attorney may request is called a durational departure. This is a request to the court asking…

Yes, juveniles can be tried as adults on serious criminal cases in Minnesota. There are two different ways this can be done: Certification or Extended Juvenile Jurisdiction (“EJJ”). In both situations, the prosecutor must file a motion asking for certification or EJJ. The court will then order studies to be completed to give a background…

A primary difference between juvenile and adult court in Minnesota is juvenile court enjoys a certain level of confidentiality. In adult court, hearings and trials are open to the public. A “public trial” is a right afforded by the Sixth Amendment. In juvenile court in Minnesota, the only people allowed in a court hearing, are…

If you plead guilty to an offense in Minnesota that triggers a presumptive commit to prison, then your attorney may request a dispositional departure. A motion for a mitigated dispositional departure asks the sentencing judge to not send you to prison. If the judge grants the motion, the court may place you on probation and…

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