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Marsh Halberg

Marsh Halberg

"Attorney of the Year" (Minnesota Lawyer 2011)

"Top Six Criminal Defense Attorneys" (Mpls/St.Paul Magazine)

"Super Lawyer" (1997-Present)

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Tina Appleby

Tina Appleby

Achieved jury acquittals / case dismissals / successful resolutions in over 2,000 cases

"Top 100 National Trial Lawyer"

"Who's Who in Criminal Law"

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Lucas Dawson

Lucas Dawson

"Super Lawyer Rising Star 2017, 2018 and 2019

Requested speaker at Minnesota CLEs

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Zach Graham

Zach Graham

J.D. St. Thomas School of Law, cum laude

Achieved successful outcomes for clients in district court and on appeal

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Eric Nelson

Eric Nelson

"Rising Star" from 2004-2013

"Super Lawyer" 2014, 2015 2016, 2017, 2018, and 2019

Named one of the "TOP 40 UNDER 40" by the National Trial Lawyers' Association

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Doug Hazelton

Doug Hazelton

"Best Lawyers in America" (2008-Present)

"Super Lawyer" (2008-Present)

Author Minnesota DWI Handbook (West Publishing)

Author Minnesota DWI Survival Guide

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Debbie Lang

Debbie Lang

2012, 2014, 2015, 2016 and 2017 "Super Lawyer Rising Star"

"Top 100 National Trial Lawyers" by the National Trial Lawyers' Association

1 of 50 Minnesota Society for Criminal Justice Members

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Dave Risk

Dave Risk

Eight-Time Award Winner of "SuperLawyer - Rising Star"

J.D. William Mitchell College of Law magna cum laude graduate

2014, 2015 and 2016 "Super Lawyer"

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Christina Zauhar

Christina Zauhar

Member of Minnesota Women Lawyers

Member of the Minnesota State Bar Association

Contributing Author to Minnesota DWI Deskbook

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Minnesota Lawyer Blogs

HomePractice AreasBlogs – #metoo

The long reach of #metoo in Minnesota

Criminal sexual conduct is a serious offense at all levels — and always has been. But with the #metoo movement, it has been pushed farther into the public eye. Consequently, more allegations are being made than ever before, often blindsiding those who are accused and making defense work more challening.

Imagine this scenario: Youwent to a party just before your first year of college. You had a little too much to drink, and so did a woman with whom you were flirting. You were both 17.You both engaged some consensual kissing and cuddling, and you moved your hands, touching her inner thigh over her clothes.

She said “no,” and you stopped. You continued kissing, but caught up in the moment, you touch her inner thigh again. She stops you and breaks off the encounter. You go your separate ways.

You finish college and grad school, get a job and settle into your career. And then you get a call from the police – who now want to talk to you about that forgotten incident at the party.

You’re stunned. What did you do wrong? And hasn’t it been too long?

To answer the first question, when you touched her inner thigh after being told “no,” you may have committed fifth-degree criminal sexual conduct. As to the second question, no – it hasn’t been too long.

If a complaining witness was under 18 years of age at the time of the alleged conduct, Minnesota’s statute of limitations (Minn.Stat. § 628.26(e), (f)) gives prosecutors nine years — or three years after the incident is reported to law enforcement, whichever is later — to bring criminal sexual conduct charges. This means that a complainantwho was under the age of 18 can make allegations at any time.

If acomplaining witness was 18 or older at the time of the alleged offense, the limitations period for fifth-degree criminal sexual conduct is three years — which was the limitations period for all criminal sexual conduct offenses prior to 1984.

Today, charges for more-serious sex crimes — fourth-degree and higher — must be brought within nine years of the date of the offense. However, if physical evidence that can be tested for DNA has been preserved, there is no limitations period: DNA-based allegations can be made at any time.

If you find yourself accused of alleged criminal sexual conduct, an experienced defense attorney— like the lawyers at Halberg Criminal Defense — can help. Halberg Criminal Defense attorneys are available 24-7 — Call us at 612-DEFENSE (612-333-3673).

Contact us for a free consultation

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