Effective July 1, 2010, a new Minnesota Statute goes into effect. (See the Statute below). This Statute holds that in any criminal proceeding, petty misdemeanor, or civil license forfeiture the Police are no longer required to provide transcripts of any video, audio, or other recording.
Previously, the State was required to provide this evidence to show what they will be using against an individual charged with a criminal offense and on what grounds. This seems to be targeted at DWI/DUI offenses since these cases tend to involve transcripts most often.
This is a significant change and will make it more difficult for many defendants to be able to obtain quality representation in these hearings. Having an audio transcript makes it much more likely that issues will be identified by the average attorney. Without audio transcripts it is increasingly important to find a quality criminal defense attorney that will be able to review these recordings and identify all the issues in your case.
ASCHEMAN & SMITH, LLC
(B) 612.217.0077 (C) 651.280.9533 (F) 651.344.0700
work in many different practice areas, including: Criminal
Alternative Dispute Resolution, Appellate
and Battery, Burglary,
Business Crimes, Capital
Abuse and Neglect, Child
Sexual Abuse, Civil
Substances Law, Corrections
Law, Crime Victims Compensation, Criminal
Appeals, Criminal Conspiracy, Criminal Forfeiture, Criminal Fraud, Criminal
License Suspension, Driving
While Intoxicated, Drug
and Narcotics, DUI/DWI,
Electronic Surveillance, Embezzlement, Excessive
Use of Force, Expungements,
Extortion, Extradition, False
Amendment Law, First
Amendment Law, Forgery, Fourth
Amendment Law, Freedom of Religion, General Practice, Governmental Law,
Grand Jury Practice, Gross
Misdemeanor, High Speed Police Pursuit Litigation, Hit and Run, Homicide,
Criminal Law, International Extradition, International
Criminal Law, Juvenile
Enforcement, Litigation, Local Government Law, Mail Fraud, Malicious
Maritime Criminal Law, Mediation.,
Crimes, Military Courts Martial, Military Criminal Law, Military Justice,
Military Law, Misdemeanors,
Money Laundering, Murder,
Parole and Probation, Petty
Misconduct, Post-Conviction Remedies, Prisoners
Rights, Proceedings, Restraining Orders, Search
and Seizure, Sex
Assault, Shoplifting, Stalking, State Government Law, Theft, Township Law,
Traffic Violations, Trial Practice, Vehicular
Homicide, Victims Rights, Weapons Charges, White Collar Crime, White Collar
Criminal Defense, White Collar Fraud, Wire Fraud, Wiretapping.
CHAPTER 231–H.F.No. 212
relating to courts; eliminating the prerequisite of pretrial filing of a
transcript for admission into evidence of law enforcement vehicle recordings;
proposing coding for new law in Minnesota Statutes, chapter 634.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.[634.36] EVIDENCE OF VIDEOTAPES, AUDIOTAPES, OR OTHER
In any hearing or trial of a criminal offense or petty misdemeanor or proceeding
pursuant to section 169A.53, subdivision 3, evidence of a videotape, audiotape, or
electronic or digital recording prepared by a peace officer, using recording equipment in a
law enforcement vehicle, while in the performance of official duties shall not be excluded
on the ground that a written transcript of the recording was not prepared and available at
or prior to trial. As used in this section, “peace officer” has the meaning given in section
169A.03, subdivision 18.
EFFECTIVE DATE.This section is effective July 1, 2010, and applies to trials and
hearings beginning on or after that date.