St. Cloud Criminal Defense Law Blog

A criminal defendant's right to a speedy and fair trial is a cornerstone of the American justice system. In a criminal case, the government carries the heavy burden to prove a defendant's guilt beyond a reasonable doubt. Unfortunately, however, sometimes overzealous prosecutors ignore a defendant's right to a fair trial in an effort to obtain a criminal conviction.

Recently, a Minnesota man experienced the prosecution's fervor firsthand. Prosecutors charged the man with criminal vehicular homicide and gross negligence after the man allegedly struck and killed a pedestrian. Although a grand jury indicted the accused, a judge dismissed the indictment and the charge. The judge found that the prosecution failed to provide the grand jury with the proper jury instructions or with the required and necessary information relating to the charge. Prosecutors are appealing the dismissal.

Domestic abuse is often thought to occur between couples in romantic relationships, but criminal charges can result from an escalated fight between other family members as well. The term domestic violence generally includes abuse that is physical, sexual, emotional, economic or psychological.

A recent example of an alleged domestic violence incident between family members occurred in Minnesota earlier this month. An adult son and his mother were allegedly arguing over the title of the mother's home, valued at over $150,000. The complaining witness told police that the accused slapped her and threw her dog to the floor because she would not sign the house over to him. A criminal complaint was filed after the supposed incident.

In a criminal case, sometimes the accused will make an agreement with the prosecutor, where the accused agrees to plead guilty for a charge. In exchange for the guilty plea, the defendant may receive a lighter sentence or may be charged with a lesser crime. Plea agreements can sometimes work to benefit each side especially when a person is charged with a felony. Prosecutors benefit by saving time and money, and defendants benefit because it quickly resolves criminal charges and may lessen jail time or reduce the charges, or both. Approximately 90 percent of all criminal cases are settled by plea bargain.

Recently, a Minnesota man who police believe was suffering a mental health crisis was charged with a felony after he bit off the finger of a police officer. The 54-year-old man allegedly attacked two police officers after they responded to his home. Reports indicate that police had been at the same address several times in the last few years and, during those visits, had to physically subdue the man. The officer, who was wearing gloves, lost his finger at the first knuckle, and it could not be reattached.

When St. Cloud residents think of domestic violence, they may think of intimate relationships, such as husband and wife or boyfriend and girlfriend. But, domestic violence or domestic assault can occur with any member of a family, such as a parent and child, or any household members, such as a cohabiting couple. Even a dispute with a roommate can lead to a domestic violence charge.

What most Minnesota residents might not know is that once the alleged victim reports the domestic violence incident to the authorities, it is in their hands. This means that even if the parties involved in the incident resolve their issues and make up after the authorities are called, it is too late. Once they are called, the authorities are in control of the case, regardless of whether the alleged victim expresses a desire or willingness to drop the charges.