Barrett Criminal Lawyer, Minnesota
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115 West Third Avenue, Alexandria, MN 56308
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Megan Elizabeth Burkhammer
Litigation, Family Law, Divorce, Juvenile Law, Criminal
Status: In Good Standing
1017 Broadway, Alexandria, MN 56308
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Heidi Erika Schultz
Lawsuit & Dispute, Wrongful Termination, Divorce & Family Law, Criminal
Status: In Good Standing
710 Broadway Street, Alexandria, MN 56308
Profile LAWPOINTS™19/100
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LEGAL TERMS
MISDEMEANOR
A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk d... (more...)
A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk driving and leaving the scene of an accident are all common misdemeanors.
BURDEN OF PROOF
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.
INFRACTION
A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, ho... (more...)
A minor violation of the law that is punishable only by a fine--for example, a traffic or parking ticket. Not all vehicle-related violations are infractions, however--refusing to identify oneself when involved in an accident is a misdemeanor in some states.
JURY
Criminal Law Traffic TicketshomeGLOSSARY jury A group of people selected to apply the law, as stated by the judge, to the facts of a case and render a decision,... (more...)
Criminal Law Traffic TicketshomeGLOSSARY jury A group of people selected to apply the law, as stated by the judge, to the facts of a case and render a decision, called the verdict. Traditionally, an American jury was made up of 12 people who had to arrive at a unanimous decision. But today, in many states, juries in civil cases may be composed of as few as six members and non-unanimous verdicts may be permitted. (Most states still require 12-person, unanimous verdicts for criminal trials.) Tracing its history back over 1,000 years, the jury system was brought to England by William the Conqueror in 1066. The philosophy behind the jury system is that--especially in a criminal case--an accused's guilt or innocence should be judged by a group of people from her community ('a jury of her peers'). Recently, some courts have been experimenting with increasing the traditionally rather passive role of the jury by encouraging jurors to take notes and ask questions.
PROSECUTOR
A lawyer who works for the local, state or federal government to bring and litigate criminal cases.
INFORMED CONSENT
An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available al... (more...)
An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available alternatives. For example, a patient may give informed consent to medical treatment only after the healthcare professional has disclosed all possible risks involved in accepting or rejecting the treatment. A healthcare provider or facility may be held responsible for an injury caused by an undisclosed risk. In another context, a person accused of committing a crime cannot give up his constitutional rights--for example, to remain silent or to talk with an attorney--unless and until he has been informed of those rights, usually via the well-known Miranda warnings.
EXECUTIVE PRIVILEGE
The privilege that allows the president and other high officials of the executive branch to keep certain communications private if disclosing those communicatio... (more...)
The privilege that allows the president and other high officials of the executive branch to keep certain communications private if disclosing those communications would disrupt the functions or decisionmaking processes of the executive branch. As demonstrated by the Watergate hearings, this privilege does not extend to information germane to a criminal investigation.
CRIMINAL CASE
A lawsuit brought by a prosecutor employed by the federal, state or local government that charges a person with the commission of a crime.
BAIL
The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all requi... (more...)
The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all required court appearances. The amount of bail is determined by the local bail schedule, which is based on the seriousness of the offense. The judge can increase the bail if the prosecutor convinces him that the defendant is likely to flee (for example, if he has failed to show up in court in the past), or he can decrease it if the defense attorney shows that the defendant is unlikely to run (for example, he has strong ties to the community by way of a steady job and a family).
SAMPLE LEGAL CASES
State v. Timberlake
... The United States Supreme Court has held that "an officer may, consistent with the Fourth
Amendment, conduct a brief, investigatory stop when the officer has, a reasonable, articulable
suspicion that criminal activity is afoot." Illinois v. Wardlow, 528 US 119, 123, 120 S.Ct. ...
State v. SLH
... Roberta B. Walburn, Anne M. Lockner, Robins, Kaplan, Miller & Ciresi LLP, Minneapolis, MN,
for amicus curiae Council on Crime and Justice. Daniel L. Gerdts, Brink & Gerdts, PA, Minneapolis,
MN, for amicus curiae Minnesota Association of Criminal Defense Lawyers. ...
State v. Jackson
... Concluding the departure was impermissibly based on uncharged criminal conduct, we reverse
and remand for resentencing. ... Sent. Guidelines I). Accordingly, the "primary relevant sentencing
criteria" are the "offense of conviction and the offender's criminal history." Id. ...
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