Ramsey County Law Library Blog

It is perhaps rather ironic that pro se litigants can have more trouble finding affordable help for their criminal defense needs than they might for civil legal needs. This reality exists despite (and perhaps  because of) Gideon vs. Wainright (1963), wherein the U.S. Supreme Court held that the criminally accused have a right to legal representation. Gideon’s result was our modern public defender system which provides counsel to indigent criminal defendants. And yet many criminal defendants without means represent themselves, due to their failure to qualify for a public defender.  For these self-represented litigants, there exist relatively few self-help resources. (Example:  The extensive Help Topics page in the MNCourts website offers no category for criminal defense.)  This provative article from the Washington and Lee Law Review examines this reality of  economically marginal people slipping through the cracks of the Sixth Amendment right to counsel, and the difficulty in knowing who exactly is indigent. States are on their own to define the “substantial hardship” threshold established by Gideon, and for this they typically rely on the Federal Poverty Guidelines.  See MN Stat 611.17 for Minnesota’s own eligibility criteria for a public defender.

Despite this dearth of help,  one can find the Minnesota Statutes and the Minnesota Rules of Criminal Procedure online. We can also offer some tools at the law library, including treatises on Minnesota criminal law and free access to Westlaw Next.  Some information is also available through the Second Judicial District Criminal and Traffic section of the Courts website.  There are some local resources for those specifically seeking criminal legal advice.  Criminal Defense Services, Inc. exists exclusively to assist Ramsey County residents facing misdemeanor or low-level felony charges.  See their website for information on their availability at Ramsey County arraignments for those who do not qualify for public defender representation.  Neighborhood Justice Center similarly provides criminal defense services to low-income and indigent people in the East Metro, with focus on communities of color.  (Please note that both of the above screen potential clients with income-eligibility guidelines.)  And don’t underestimate the thirty-dollar, thirty-minute consultation available through the Ramsey County Bar Association, which might be just enough advice to let you know what your options really are.

An article in last week’s Pioneer Press covering the Minneapolis Black Lives Matter protests describes the work of a core element of the National Lawyers Guild (NLG). In particular, it highlighted the role of their legal observers, whose purpose is to “monitor law enforcement and gather evidence.” To do this, they are instructed to watch the police officers, take detailed notes, and avoid distractions. They also take documentation in cases of arrests.  They are also under strict instruction to avoid distractions, discussions, and especially arguments. (A legal observer in a jail cell is basically useless.)

This spotlight on the legal observers illustrate the fact that the best legal weapons are sometimes not lawyers or law books, but eyes and ears. The NLG knows that the strength of any case might boil down to its witnesses and the evidence they collect. Check out this NLG Legal Observer Training Manual.  Note that it presents tools that anyone might find useful if they need to document a brewing situation which might wind up in court. In particular, see the detailed instructions for taking notes.

The need for a certain kind of “legal observer” certainly isn’t limited to protests. Situations with potential legal ramifications that need documentation might be taking place in your home, community, or workplace. Of course, you may never intend to be a witness and suddenly find yourself in a situation where you might become one (or already have). Nowhere is this more true than for crime victims.  The NLG legal observer tools and guidelines might prove useful for your own needs.  If you ultimately wind up being called to court as a witness, you know that you must speak clearly, simply, and truthfully on the stand.  There are additional guides available in case you want to consult something else to prepare, including this one from the Wadena County Attorney’s office and another from Stearns County.  For more information on how to be a good witness, check out this guide from FindLaw.com.  If you are testifying in federal court, check out this guide from the U.S. District Court of Minnesota.

Don’t be nervous!  Our justice system depends on you!

The Twin Cities rental market has been tightening up since last summer, so it’s no surprise that people seeking to rent apartments might find past eviction judgements holding them back. Landlords are increasingly in a position where they can cherry-pick their renters, to the detriment of those who might have court eviction (unlawful detainer) records against them.

Minnesota law does allow certain unlawful detainer records to be sealed from public access, but be aware that the unlawful detainer expungement statute doesn’t have quite the broad sweeping power that the better-known criminal expungement law has.  Evictions can only be expunged when the landlord’s case was “sufficiently without basis in fact or law,” it is “clearly in the interest of justice,” and there is little or no reason for the public to know of this case.  (See Minn Stat. 484.014 subd. 2.) If you were evicted last year for uncontested failure to pay rent owed, the expungement statute likely cannot be applied.  Not all such situations are hopeless, however, for rental records can only be searched seven years back by tenant screening companies as per the Fair Credit Reporting Act. Your ten-year-old eviction is less likely to be a problem than last year’s.

Is expungement the right solution for you?  If not, what other options are there? Depending on the situation, you may decide to be up front with a potential landlord rather than hoping they won’t learn about last year’s eviction (which they likely will). You may be better off explaining that you lost your job and couldn’t pay the rent, but that you now have a new job.  For advice and help in deciding which approach is best for you, consider coming to either our Housing and Conciliation Court clinic or the SMRLS workshops for unlawful detainer expungements at the Rondo Outreach Library. The attorneys at either clinic can help you assess your options. Meanwhile, you might find many answers to your questions through this Legal Aid fact sheet on expunging an eviction case.

Have you recently been a victim of stalking, assault, or other violence?  H0pefully the worst of this experience has passed for you. As part of making a fresh start, you may have even moved to a new address. Yet moving on may prove challenging when you feel vulnerable in your new home for fear of your assailant discovering where you live.  This is where Safe at Home can help.  Sponsored by the Minnesota Secretary of State, this  little-known address confidentiality program is meant to help eliminate the traces of your interactions that might reveal where you can be located. Under Safe at Home, you receive a post office box address, which others will be required to accept and use on your behalf. Safe at Home will also accept legal process service in your name, and even allows you to use your special post office address on your drivers license. It will even allow you to vote by absentee ballot come election time.  Safe at Home then provides a confidential forwarding service to your real address.

A person is not automatically eligible to enroll in Safe at Home. (You cannot use it as a means of hiding from criminal prosecution or debt creditors, for instance.) You must be a survivor of stalking, sexual assault, domestic violence, or someone who fears for their safety.   You can enroll in Safe at Home at any one of several locations.  For more information about Safe at Home, see Minn. Stat. §5B and Minn. R. Ch. 8290. Also check out the Secretary of State’s FAQ page on Safe at Home.

Sexual violence awareness was never just for college campuses. The school’s-out days of summer, in fact, are when sexual assault numbers peak. Now is the time to become aware of Ramsey County’s own resource against sexual violence. A service of Ramsey County Public Health, S.O.S. Sexual Violence Services provides “free and confidential services for victims of sexual violence, their partners, families, friends and other concerned persons.” Their phone ( 651.266.1000) is answered 24 hours a day, seven days a week. Services include support groups, counseling, assistance with medical and legal issues, plus medical and legal advocacy for victims. Could your organization benefit from some education in this important area? They also provide informational workshops for both children and adults. (See brochure.)

Working closely with S.O.S. is the Ramsey County Sexual Assault Protocol Team (RCSAPT) This team provides trainings for member agencies, including Ramsey County’s first county-wide sexual assault investigator training and sexual assault nurse examiner training. They also develop written professional protocols for the handling of sexual assault cases, including that for police officers.

For more resources pertaining to sexual violence, see the Minnesota Department of Health Sexual Violence Prevention Program.  For more specific information plus statistics on sexual violence in Minnesota, see also their legislative report released earlier this year.