When divorce mediation might make sense

When you think about the divorce process, what’s the first thing that comes to mind? It might be the inside of a courtroom, or maybe a stack of confusing paperwork you know needs to get done. While that has often been the case, it doesn’t always have to be. Divorce mediation can offer couples an…
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Collateral Consequences of a Criminal Conviction

In criminal cases, there are “direct” consequences of a guilty plea or conviction. Common direct consequences include fines, court costs, imprisonment, probation, community service, and others. “Collateral consequences” are additional penalties that result from criminal convictions, most often without notice or advance warning. Collateral consequences are typically classified as civil penalties, required by statute. Examples…
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Mental Illness & Criminal Liability

Today’s news stories are full of descriptions of mass shooters, many of which are described as having mental illness issues (PTSD, Paranoia, Schizophrenia, etc.). As a Minnesota defense attorney, I am constantly approached by people asking whether the suspect is “going to get away with it” because of a mental illness. The answer to this…
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Your Right to Speak with an Attorney Prior to Chemical Testing In North Dakota

You are stopped by a police officer after leaving your favorite local North Dakota watering hole. The officer tells you he smells the odor of alcohol, inquires about your alcohol consumption, and inevitably wants you to do some field sobriety tests to see if you are “okay” to drive. After those tests, his opinion is…
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Thousands of Minnesota DWI Cases Could Now Be Thrown Out!

While you may have been enjoying the last dog days of summer and missed this big ruling by the Minnesota Supreme Court, you can catch up on what you need to know now. In order to understand this recent decision and its implications, we have to backtrack to a previous court case, Birchfield v. North…
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How to Defend a Criminal Client

Lukacris (young attorney) walks into senior attorney’s [Atticus] office and following colloquy occurs: Lukacris: Why do all of your clients receive evaluations of some sort? Atticus: What do you mean? Lukacris: I have noticed that you routinely have clients evaluated for one thing or another! Atticus: Don’t you? Lukacris: No way! I am a trial…
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Snowmobiling, ATV and Boating While Intoxicated Will Now Cause Loss Of Driver’s License in Minnesota

August 1st, 2018, a new law came into effect in Minnesota. In January, a young child was killed when he was struck by a snowmobile driven by a man whose driver’s license had been revoked for previous DUI offenses. In response to this tragedy, legislators have enacted a new law, dubbed “Little Alan’s Law” in…
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You Have The Right To an Attorney

In the real world, the criminal law arena is just as interesting as it is on television-think “Law and Order”. Similarly, we live in a world where the law is a blunt instrument, and it’s incumbent upon prosecutors to wield that instrument in a judicious manner. Case law in North Dakota grants vast discretion to…
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NLRB’s New Guidance Loosens Reigns on Handbooks

Employment Law attorney KrisAnn Norby-Jahner summarizes the recent memorandum published by NLRB’s General Counsel outlining the standards the Board will follow when evaluating the lawfulness of employee handbook policies. FULL STORY HERE
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How To Pick Your Criminal Defense Attorney

So a younger criminal defense attorney walks in my office and the following colloquy occurs: Lukacris (pseudonym: think red devil on Tim Matheson’s shoulder in Animal House): “Where do your clients come from?” Atticus (pseudonym: think Atticus Finch in To kill a Mockingbird): “They walk through the same door you just came in!” Lukacris: “How…
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