 |
|
 |
|
|
Criminal Law
Ten Common Charges • Ten Tough Consequences Changing times and vigorous legislating have resulted in tough criminal penalties. Here are ten common entanglements
we see and ten suggestions if you are in trouble:
1. Domestic Assault: No actual striking or physical contact is necessary; merely causing fear of bodily harm is sufficient. It is very easy to be charged with this offense. Consequences can include deportation (for non-citizens), jail, long-term counseling, disqualification from possessing any firearm, inability to lease a residence, and loss of work or licensing in many human service occupations. 2. Terroristic Threats: Even an idle comment such as "I am going to get you" can result in the felony charge of terroristic threats. The context and target of any such remarks are key factors. 3. DWI: The law in Minnesota is very poorly understood by the general public. The legal limit for persons over 21 years of age to be charged with DWI is only .04%. A couple of beers, consumed quickly, can suffice. For juveniles and commercial drivers, the laws are harsher. Also, any death caused by alcohol carries with it a presumptive 4-year prison term, even for someone with no criminal record. 4. Child Abuse: It is safe to say that it is never okay to hit a child, not for discipline, not in anger – never. Not only is physical assault on a child morally and legally wrong, but teachers, doctors, and other professionals must report any suspected abuse. The consequences for child abuse can range from those for domestic assault, specified above, to lengthy prison terms. 5. Drugs: Most citizens are unaware of the tough penalties which attend the possession of even small amounts of a controlled substance held for personal use. Minnesota law prescribes a 4-year prison term for 3 grams of cocaine or methamphetamine ("crank"). In the federal system, any agreement to buy or sell cocaine will be labeled a "conspiracy", which carries a 5-year sentence. 6. Entrusted Funds: Extreme caution must be observed whenever dealing with "other people’s money." Examples are trust funds, escrow money, retail sales proceeds and brokerage accounts. Those who abuse a financial position of trust are typically ejected from that profession, and then dealt with harshly by the courts. The misappropriation of public funds is of special concern. 7. Loan Applications: Loan applications are usually made in great detail. It is very tempting for some applicants to exaggerate their income or assets in order to qualify for credit. Doing so is a crime, and often a federal offense. Also, the use of loan proceeds other than for the purpose stated on the loan application is itself a crime. 8. Criminal Sexual Conduct: Minnesota vigorously prosecutes any allegation of criminal sexual behavior. This is especially true when there is a large age difference between parties, or when one of the actors holds a position of authority over the other. One provision of the statutes prohibits sexual intercourse with any inebriated partner. It comes as a surprise to many people that a person can be charged and convicted upon the uncorroborated word of an accuser. 9. Passing a School Bus: Passing a school bus in violation of the stop arm is considered a major offense – even greater than a first-time DWI. If children are on the road at the time, the charge is a gross misdemeanor, carrying with it a maximum of 1 year in jail. There is also a loss of driving privileges. 10. Cash Reporting: Federal law requires anyone receiving payment greater than $10,000 in the form of cash to file a report with the Internal Revenue Service. Failure to do so is a crime. Furthermore, if any person tries to circumvent this reporting requirement, trouble will ensue. For example, if a business owner tells a customer to pay for a $15,000 purchase with $9,000 in cash and $6,000 by check, that business owner has committed the criminal offense of "structuring." Ten Suggestions if you are in Criminal Trouble 1. Retain an attorney immediately. 2. Never talk to an officer, detective, or investigator without first consulting an attorney. 3. Never lie to an officer, detective, or investigator, should you, with your attorney's advice, decide that you should talk. 4. Always consult your attorney before speaking to anyone else about your legal situation. 5. Never try to influence a witness in any way. 6. Avoid all contact with any alleged victim. 7. Never say anything on the telephone which you would not want played back in court. 8. Never destroy evidence; bring it to your attorney. 9. Refer all callers to your attorney. 10. Be 100% truthful with your attorney at all times.
|
|
 |
|
|
|