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Criminal Defense Archives

What is entrapment?

It is not uncommon for some law enforcement officers to overstep their bounds and become overzealous when making arrests in East Grand Forks. Some people who are wrongfully enticed into committing crimes by law enforcement, informants and other affiliated parties may be able to claim entrapment. However, anyone who plans to use entrapment as their defense has the burden of proof.

What does "due process" really mean?

One of the features of America democracy that is most often celebrated is the guarantee of due process in the criminal justice system. While it is a bedrock principle that the rest of America's civil liberties rest upon, few really understand what is meant by due process and how it applies to real-world criminal proceedings. It is important to have an appreciation of this feature of society to be able to fully exercise a person's rights in the event that he or she is charged with a crime, though.

Do you know how to serve if called for jury duty?

When you receive a summons for jury duty for the first time, it may take you aback. This is probably not something you were expecting, not something you had even thought much about. However, state law requires that all qualified North Dakotans serve as jurors, and the summons shows you were among those randomly selected for an upcoming jury term.

Assault in the first degree charges in Minnesota

Have you ever read or heard reports of people in Minnesota being accused of different types of assault in different degrees and wondered what that really meant? There are very distinct differences between each type of offense in the eyes of the law. The actual nature of the alleged act is part of what makes that difference. The penalties for different degrees of offenses may also be quite unique.

How do plea bargains work?

Have you or has someone you know been arrested and charged with a crime in Minnesota? Maybe you have even been charged with more than one offense. When this happens, it can be hard to know what to expect next and how you should proceed. Depending upon your situation, you may find that a plea bargain can be beneficial for you. Understanding exactly what a plea bargain is and how it works is important in order to make this decision.

How accurate is eyewitness testimony?

Winston Churchill once famously mused that democracy is the worst form of government except any other, and in recent years, studies into the accuracy and reliability of eyewitness testimony seem to make a similar point about the use of witnesses to establish a narrative of events. The fact is, though, that we do have several other key tools that can be used to corroborate eyewitness testimony and to test its accuracy, and as they become more and more sophisticated, the shortcomings of eyewitness testimony begin to become clear.

North Dakota defendants benefit from presidential action

Upon being arrested, residents in Minnesota must first focus on the defense process knowing that an arrest does not guarantee a conviction. If a person is eventually convicted of a crime, they may well look to the appeal process for additional help. Some people are fortunate enough to get another type of help.

The collateral consequences of a misdemeanor

It may have been an unfortunate error in judgment that led to the misdemeanor charge. Maybe you were in the wrong place at the wrong time. Your friends were pressuring you to smoke "just a little weed." Your beer consumption left you buzzed when you got behind the wheel of your car. Regardless of the intention, the result of that poor judgment was a misdemeanor charge. Relieved at the perceived lack of severity of the charge, you are ready to accept the charge, pay the fine and move on with your life. No jail time, no problem. Right?

What is a plea bargain?

You may have heard the term "plea bargain" in many situations before. Perhaps you've read it in a news story, heard it in a movie or something else. If you have ever been charged with a crime in Colorado, you may have talked with your attorney about whether or not a plea bargain is a good idea for you. Before you can make such a decision, it is important that you fully understand what a plea bargain actually is.

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Dusek Law
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East Grand Forks, MN 56721

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