Allegations of felony criminal sexual conduct avoided

May 12th, 2019

Criminal sexual conduct lawyer Lynne Torgerson successfully avoids charges being brought

Ms. Torgerson’s client was contacted by police who wished to question her client about allegations of criminal sexual conduct.  Ms. Torgerson’s client immediately contacted her upon receiving a telephone call from the investigating detective.  Ms. Torgerson immediately invoked her client’s rights to remain silent and to counsel, and an interview was declined.  Our Fifth Amendment rights to remain silent under the United States Constitution were promulgated for our protection and these rights should be invoked virtually in every case.  This applies to the guilty and innocent alike.  Ms. Torgerson’s client has not been charged.  Ms. Torgerson has successfully avoided having her client charged with criminal sexual conduct.

This is significant.  Criminal sexual conduct charges are among the most serious, with sentences, upon conviction, often starting at 12 years in prison, with likely requirements of years of sex offender treatment. years of predatory offender registration requirements, DNA testing, etc.  This has been avoided.

Well done Ms. Torgerson!

If you have been contacted by police to come in for a statement, you should immediately contact a criminal sexual conduct lawyer such as Lynne Torgerson.  For representation, please call (612) 339-5073.

Spreigl evidence similarity

May 12th, 2019

Substantial similarity

A jury found defendant guilty of five offenses, including third degree murder and second degree manslaughter, based on evidence that he caused a woman’s death by injecting a mixture of heroin and methamphetamine into her arm.  On appeal, defendant raised multiple issues, including that the trial court erred by admitting evidence that defendant previously had injected other person with drugs as Spreigl evidence.  He noted that the charged offense occurred in his residence in 2016, but the Spreigl incidents occurred at unspecified locations in 1994 and other unspecified times.  The Minnesota Court of Appeals held that, in light of the conflicting evidence as to whether defendant injected the drugs into the victim’s arm, the State’s Spreigl evidence was relevant.  However, the trial court erred by convicting defendant of four offense sthat were lesser included of third degree murder.  Affirmed in part, reversed in part, and remanded.

State v. Lynch, A18-0456, Ramsey County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Lynne Torgerson obtains reduction of alleged felony criminal sexual conduct to gross misdemeanor

May 13th, 2019

Minnesota Criminal Sexual Conduct Lawyer Lynne Torgerson obtains agreement to reduce felony 2nd degree criminal sexual conduct charge to a gross misdemeanor

Ms. Torgerson’s client was charged with 2nd degree felony criminal sexual conduct out of the County of Anoka, State of Minnesota.  After lengthy representation, many court dates, and plea negotiations, Ms. Torgerson achieved success.  The Assistant County Attorney agreed to reduce the charge to a gross misdemeanor, thus eliminating any potential prison sentence, and, after a period of time with no new convictions, her client would be eligible for expungement.

Well done Ms. Torgerson!

Is interference with privacy a specific intent crime

May 13th, 2019

Whether interference with privacy is a specific intent crime

This appeal raised two (2) issues:  (1) whether a defendant forfeits a challenge to the sufficiency of the evidence that is based on a statutory interpretation argument when he fails to raise it in the trial court? and (2) how to apply the intent element i subdivision 1(a) of the Minnesota criminal interference with privacy statute, Minn. Stat. §609.746.  Specifically, whether a criminal defendant charged with interference with privacy under subdivision 1(a) must have specific intent to intrude upon or interfere with the victim’s privacy when he enters the property of another, or if it is sufficient that the State prove this intent only when he gazes, stare or peeps through the victim’s window.

The Minnesota Supreme Court held that (1) a challenge to the sufficiency of the evidence that is based on a statutory interpretation argument may be raised for the first time on appeal; and (2) subdivision 1(a) of the criminal interference with privacy statute does not require the State to prove that the defendant possessed the intent to intrude upon or interfere with a victim’s privacy when he entered the property of another.  Affirmed.

State v. Pakhnyuk, A17-0474, Minnesota Supreme Court.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Required findings for expungements

May 15th, 2019

Expungement of DWI and fleeing a police officer on foot

Defendant appealed the trial court’s denial of his petition for expungement of his convictions for fleeing a peace officer on foot and fourth degree driving while impaired.  The Minnesota Court of Appeals noted that the trial court failed to make detailed findings as to several of the factors listed in Minn. Stat. §609A.03, subd. 5(c), precluding meaningful review.  This means that even if a court is going to deny a petition for expungement, the court must still make findings of fact on the statutory factors.  Interesting.  Reversed and remanded.

State v. A.P.L., A18-1697, Dakota County.

Minnesota Expungement Lawyer Lynne Torgerson was not attorney of record in this case.

Voluntariness

May 16th, 2019

Motion to withdraw plea to malicious punishment of child

Defendant challenged the denial of her presentence motion to withdraw her guilty plea to malicious punishment of a child.  On appeal, defendant argued that her plea was involuntary because the State failed to fulfill its promise that she be released from custody on the day that she entered her plea.  The Minnesota Court of Appeals noted that the plea agreement did not contain the express promise that defendant would be released from custody after entering her plea and held that her plea was voluntary and valid.  Affirmed.

State v. Jones, A18-1288, Hennepin County.

Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Confidential reliable informant?

May 17th, 2019

Methamphetamine and drug paraphernalia

Police executed a no-knock search warrant on defendant’s house after a confidential reliable informant told a BCA agent that he saw methamphetamine and drug paraphernalia inside.  The Minnesota Court of Appeals concluded that the allegation that the informant personally observed methamphetamine and ingestion paraphernalia in defendant’s home within the previous three days provided a substantial basis of a fair probability that a search would reveal illegal drugs or drug paraphernalia.  Further, the threat was sufficiently particularized to support a no knock entry.  Affirmed.

State v. Veselka, A18-1106, Marshall County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Extension of OFP

May 18th, 2019

Order for protection extension

In this appeal involving an order for protection (OFP), defendant challenged (1) an order that extended the OFP by one year and (2) an order that denied his motions for a change of venue and a new trial.  The Minnesota Court of Appeals concluded that respondent’s testimony about her past fear and defendant’s ongoing controlling behavior, when considered with defendant’s history of domestic abuse, sufficiently supported the extension of the OFP.  Affirmed.

Ali v. Ali A18-1413, Scott County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

Criminal Defense Lawyer Lynne Torgerson obtains elimination of 2nd degree felony assault with firearm

May 19th, 2019

Minnesota Criminal Defense Attorney Lynne Torgerson obtains elimination of 2nd degree felony assault charge

Ms. Torgerson’s client was charged with felony 2nd degree assault with a dangerous weapon, a firearm.  It was alleged that the defendant had pointed a handgun at a neighbor, who called the police.  After lengthy proceedings, Ms. Torgerson obtained the elimination of the felony 2nd degree assault charge, whereby the case was reduced to a gross misdemeanor with a sentence of no jail time.  Well done Ms. Torgerson!

Minnesota Expungement Lawyer Lynne Torgerson obtains expungement of felony unauthorized use of a motor vehicle

May 20th, 2019

Minnesota Expungement Attorney Lynne Torgerson obtains expungement of felony unauthorized use of a motor vehicle

Expungement Lawyer Lynne Torgerson won an expungement of felony unauthorized use of a motor vehicle out of Ramsey County, State of Minnesota.  Ms. Torgerson’s client was convicted of felony unauthorized use of a motor vehicle.  Ms. Torgerson obtained an expungement thereof.  Well done Ms. Torgerson!