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Minneapolis Criminal & Family Law Blog

High school athlete accused of committing sex crimes

Minnesota parents who have students in high school may be interested to learn that an Oklahoma City high school athlete was charged with rape by instrumentation. According to authorities, the 17-year-old was accused of obscenely groping a 12-year-old.

The incident reportedly occurred on Jan. 19. When questioned, the student told authorities that another person had done the same thing to him though he called it a wrestling maneuver. However, he had not used the maneuver during an actual match. The boy was released on $15,000 bond. He was also suspended from his school.

Child support a significant part of many family incomes

Parents in Minnesota who are divorcing and will receive child support join millions of other families in the United States who depend on those payments. Based on a 2014 survey, the U.S. Census Bureau found that around 25 percent of children under the age of 21 lived with one parent, and more than 80 percent of those parents were the mother.

Only about half of those families had child support agreements, and of those families, less than half received the full amount. However, more than 60 percent of custodial parents received items such as diapers, gifts, clothes and food from the other parent. Custodial parents received an average of $330 per month in child support although the average amount due was almost $500. Slightly less than a third of the child support that was due was not paid.

New restraining-order-related initiative in Minnesota

One of the legal steps generally available to Minnesota domestic violence victims is to make a request for a restraining order, also known as an order of protection. Domestic abuse lawyers can answer questions those who have been subjected to domestic violence have about the restraining order process and can assist them with requesting such an order. 

When a restraining order is issued, it provides protection to a domestic violence victim through banning the domestic abuse perpetrator from taking certain actions. If the perpetrator tries to engage in the prohibited actions, police can take enforcement actions against the perpetrator under the order. 

Defense strategies vary in sexual assault cases

Sexual assault cases are some very difficult cases for everyone involved. It is crucial that anyone who is facing sexual assault charges takes a firm stance against the accusations. The harsh reality is that if you are convicted of the charges, you are facing a very different life because you will have a violent, sex-related conviction on your record.

When you are facing sexual assault charges, you have a few options for a defense. The main point about sexual assault is that the contact is unwanted by the person who was touched. That one fact is a big point in these cases because it comes down to getting consent or lack of consent.

Falling behind on child support? You could face serious penalties

In our last post, we discussed the fact that in Minnesota, parents can be denied education grants if they are behind on child support payments. However, this is just one penalty that can be triggered when support payments are missed.

There are a number of ways that courts in this state can enforce court-ordered child support. While they range in severity, these penalties can all take a toll on the lives and resources of parents.

Has your child been accused of a crime?

When a child is charged with a crime, a different set of rules will apply to the legal proceedings. In our state, those rules are called the Minnesota Rules of Juvenile Procedure. In some respects, the law and punishments associated with conviction are a little bit more lenient on the younger population. However, they can also be stricter -- like when it comes to underage drinking and underage DUI, for example.

In addition to the threat of criminal punishments, juveniles convicted of crimes could have serious repercussions related to their future educations and job opportunities. A juvenile conviction could disqualify a teenager from receiving particular types of scholarships and entrance into different universities. Furthermore, a conviction could create a black spot on the juvenile's criminal record and prevent him or her from getting a job later on down the road. For these reasons, it is important to devise solid criminal defense strategy in every juvenile crimes case.

Couple facing media attention in high asset divorce

Getting a high asset divorce can be difficult, but having that divorce reported about in the media has got to be absolutely awful. Two people who are experiencing this are Nader and Jibil Kazeminy. They are originally from Iran and left the country during the 2008 Islamic revolution. The husband is said to be worth either tens of millions of dollars or hundreds of millions, depending on whom you believe. The couple settled in Minnesota and lived together for a number of years before the divorce action started.

This divorce had been going on for three years and has seen an army of lawyers involved. Four judges and mountains of court documents later, the battle is still going on. The two are officially divorced, but the matter of money is still up to the court to decide. Is Jibil, the wife, going to be allowed to live as she has been accustomed to in the past or will she have to settle for less comfortable lifestyle?

LGBT divorce, child custody and asset division

It doesn't matter if you are gay, straight, lesbian or transsexual. If you are married, then you have entered a legally binding contract based on your love of another person, so when that contract comes to an end, there will be intense emotional challenges to overcome. More importantly in some respects, there will also be legal hurdles and challenges to resolve. That said, LGBT couples do face some specific legal challenges that straight couples will never know.

For example, in a lesbian marriage, does the biological mother of a child have more claim to custody than a non-biological mother? The fact is, under the law, if both parents have custody of the child during marriage, then both will be treated as having equal parental rights -- regardless of the genetic relationship between the parent and the child. However, this does not mean that your parental rights will be free of challenges.

Having back-due child support can lead to student grant holds

When a person is experiencing difficulties when it comes to paying child support, it is vital for them to not ignore the problem and simply hope it will resolve itself. Ignoring the problem could result in a person building up significant past-due child support. This could negatively impact their family in many ways. It could also have some major consequences for them personally.

For example, here in Minnesota, having past-due child support could get in the way of a person’s efforts to further their education. This is because one of the consequences being behind on child support can trigger under state law is a cutting off of certain funds that could help with such efforts.

Can a person face a license revocation for a drug crime?

License suspensions and revocations are consequences one generally associates with DUI and traffic crimes. However, DUI and traffic cases are not the only cases that can raise driver's license issues. For example, here in Minnesota, under certain circumstances, a person can end up having their driver's license revoked for a time in relation to a drug crime conviction.

A drug crime being committed while driving a motor vehicle can lead to a person receiving such a revocation. Under Minnesota law, when a person receives a conviction on a controlled substance charge in the state, if it is determined that the individual committed illegal drug possession or sales while they were driving a motor vehicle, the individual is to be given a 30-day driver's license revocation.  

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Juvenile Criminal
Defense Strategies

Christa Jacqueline Groshek
© 2012 Aspatore Books from
Thomson Reuters Westlaw.
Reproduced by permission