Giancola-Durkin, P.A.

Anoka County Criminal Law Blog

Report: Minnesota’s violent crime rate low, but rising slightly

Recently, a report looked at trends in violent offense rates throughout the nation. It reviewed 2017 crime data on the states and hundreds of major metro areas.

What did this report have to say about Minnesota?

Why have an aggressive violent crimes defense

Again today we demonstrate why it is important to put forward a violent crimes defense.  Our client was charged with domestic assault and interfering with an emergency phone call.  Our evaluation of the case was that he would likely be convicted by a jury of the interfering with a phone call.  However, it was very important to not be convicted of a domestic assault.  That conviction would eliminate gun rights the second amendment be damned.  We were able to resolve the case without the spectre of a conviction for a domestic, in a way that will result in NO CONVICTION of any kind on his record.  We prepared vigoursly for trial and were ready to go with a valid defense argument on the assaults, but the 911 call was a potential problem. Our client was very happy to have a strong violent crimes defense team on his side.  One has to remember that there are a number of defenses that can be raised at trial.  Aggressively approaching the case with a defense in mind can help to get an outcome that is acceptable or an acquital at trial.  The violent crimes defense team at Giancola-Durkin explores all the possiblities in these typs of case.

Sex Crimes Defense make a difference

A vigorous Sex Crimes Defense is crucial to a good outcome in any case where you may be charged with committing innaproriate behavior.  Even a Gross Misdemeanor sex crime Crimes Defense is important because of the potential collateral consequences.  In a recent case we were able to show that the client was not a predator, did not have agressive or criminal propensities and was a good candidate for elective therapies instead of sex offender treatment.  It was imperitive in our case to have a solid Psychosexual evaluation done which showed our client was appropriate for a disposition that did not includea sex crime of any kind.   In today's political climate people are all to quick to allege that a crime has been committed.  Especially a sex crime.  If this kind of charge is brought against you remember we have handled cases like this in Anoka, Hennepin, Wright, Isanti, Sherburne, Carver, and other counties throughout Minnesota.  A first Degree sex crime carries a 144 month sentence to prison at a minimum.  In certain cases the Judge can go above that if it is found that there are aggravating circumstances.

Minnesota considering lifting ban on voting while on felony probation

Being accused of drug crimes can sometimes leave a person facing felony charges. The stakes are very high in such cases. Given this, skilled defense guidance is a critical thing for a person to have when facing such allegations.

A conviction on a felony charge has major consequences here in Minnesota. It impacts many things for a person, including his or her right to vote.

Sex Crimes Could Be Forever

Sex Crimes Defense becomes even more important.  The legislature is considering a bill that would extend the Statute of Limitations on Sex Crimes to forever.  Currently a person cannot be prosecuted unless the State Brings forth evidence within a relatively short period of time after the alleged Sex Crime.  Remember Sex Crimes can be charged for conduct that includes touching all the way up to penetration and a number of different age differentials and position of authority differentials.  Being Convicted of a Sex Crime is a very, very serious matter.  Mark Giancola, our Certified Criminal Law Specialist has gone to trial in many sex crime cases with acquitals in many.  Mark has tried cases of parents being charged with molesting their children, teenage lovers with angry parents, boyfriends allegedly molesting children of girlfriend, and many other scenerios.  A strong defense protects the innocent person wrongl accused.

Good Week So Far

In Anoka County District Court 2 Serious Felonies DISSMISSED this week.  Both Cases set for Jury Trial.  Assault cases can be defended in court and if proper defenses are raised, Jury Trial might be your best option.  This week that proved to be true and Felony Assaults got dismissed.  We are also fighting several Felony Sexual Assaults and providing vigorous defenses for our clients.  Mark Giancola has also recented received great results for several clients in Gross Misdemeanor DUI and DWI cases limiting the damage such charges can do to a person.

State lawmakers looking to address probation disparities

Probation is a common sentence in drug cases and other criminal cases here in Minnesota. The state has one of the nation’s highest probation rates.

Probation is sometimes given as an alternative to jail time. However, it is important to not dismiss this type of sentence as not a big deal. It can have significant impacts on a person’s life. There are many restrictions that go along with a probation sentence. They can have ramifications on many things, from where a person can live to what kind of traveling he or she can do.

What is fifth-degree assault?

Here in Minnesota, intentionally injuring someone, trying to injure someone, or taking threatening action against someone to put that person in fear of immediate injury or death is assault. Being accused of such conduct can lead to criminal charges.

How severe assault charges are varies. This is because the crime of assault comes in five different degrees in the state, fifth through first. What degree of assault charge a person would be facing depends on what specifically he or she is accused of doing. What degree of assault a person is charged with impacts what consequences he or she could face if convicted.

Prosecutors increasingly choosing not to focus on marijuana crimes

This week, the local prosecutor in Baltimore announced that her office would no longer prosecute cases of marijuana possession, regardless of the quantity involved or the defendant's criminal record. Moreover, her office will attempt to vacate nearly 5,000 previous marijuana convictions.

There is a surprising number of prosecutors in cities around the nation who have made the same call. In Minneapolis, for example, police are no longer engaging in undercover stings involving small amounts of marijuana for sale.

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