Each district court may establish, under a process approved by the Judicial Council, a fine for any ordinance that may be paid in lieu of a court appearance by the defendant. Speeding ticket, possession of a small amount of marijuana. of Business, Calendar Criminal trespass of a vehicle and violating a no-contact order are examples. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Roster, Upcoming hbbd``b`n@i*`CHR mu y udA .( HpX X.H1# X
Two years after being discharge of that sentence, if you have not had any new criminal offenses, then you are statutorily eligible to expunge the petty misdemeanor offense. (All cases are petty misdemeanors unless otherwise noted) THEFT Matthew T. Panetti, Waterville, 2 counts. List, Committee The type of charges you are facing will have a great effect on the overall timeline. Analysis, House Give us a call today at (612) 444-5020 for a free consultation. Web491 - Failure to Appear-Petty Misdemeanor - Arrest of Adult SARGENT-LEGORE, 10/18/22 Aitkin County Sheriff's Office 152. Examples of Petty Misdemeanors include, but are not Guides, Books Committee Clearwater Co MN Sheriff fires back against "safe storage" bill HF396. Search & Status (House), Bill Minnesota requires prosecutors to file misdemeanor charges within three years of the offense. Minn. R. Crim. While a misdemeanor carries less serious penalties than a felony, a misdemeanor conviction can still have serious, negative consequences. Rules, Address Minnesota frequently changes its criminal laws, but you can check the current statutes on the state legislature's website. Who determines which offenses are payable? The seriousness of the offense might depend on the victim, level of harm, damage, or motive. If you decide you do want an attorney to help you, we are happy to do so. Programs, Pronunciation No right to a jury trial exists in a misdemeanor charge certified as a petty misdemeanor under Rule 23.04. Q: If an offense is on the Statewide Payables Lists, is it automatically a petty misdemeanor? The penalties for a conviction include a year in jail and up to $3,000 in fines. Present, Legislative The Caplan & Tamburino Law Firm, P.A. Contrary to what Rule 23.04 provides, Minnesota Statutes, section 609.131, enacted by the legislature in Minnesota Laws 1987, chapter 329, section 6, purports to allow the reduction of any misdemeanor to a petty misdemeanor without the defendant's consent. Misdemeanor (maximum penalty 90 days in jail and $1,000 fine) Payment of the fine constitutes waiver of these rights. Sex offense means an offense defined as a sex offense in RCW 9.94A.030; Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. Misdemeanor trespass becomes a gross misdemeanor when the offender has two prior trespass convictions. Committee, Side by Side Rules, Address In some states, the information on this website may be considered a lawyer referral service. Indictment means indictment for a criminal offense. 25 9th Ave North, Hopkins, MN 55343. Laws, and Rules, Keyword Constitution, State Make sure you are looking at the most recent edition. A first-time misdemeanor offender could spend little to no time behind bars if successful on probation. WebGross Misdemeanor is the lowest offense for which a formal criminal complaint is statutorily required under Minnesota law. of the Senate, Senate Auditor, Revisor Disorderly conduct qualifies as a standard misdemeanor in Minnesota. Gross misdemeanor: a crime punishable by 91 to 365 days jail.. Misdemeanor: a crime with a maximum of 90 days jail.. Clerk, Fiscal These forms include Rule 15 Plea Petitions (Felony and Gross Misdemeanor); Felony, Gross Misdemeanor, Misdemeanor, and Petty Misdemeanor Statements of Rights; Gross Misdemeanor DUI Statement of Rights; Probation Violation Statement of Rights Statement of Rights for First Court Appearance on Paternity Proceedings: Cambodian, Hmong, Lao, Russian, Somali and Spanish When interpreters are hired for hearings, they are expected to provide sight translations for corresponding documentation to LEP individuals. WebPetty misdemeanor. 2(2),permits the district court to establish locally payable ordinance offenses as well, under a process approved by the Judicial Council. Calendar, General Orders of the Video, Broadcast TV, News, & Photos, Live Schedule, Audio Journal, Senate The same is true for possession of kratom by anyone under the age of 18. Our team of lawyers are always available to advise someone accused of a petty misdemeanor throughout the Twin Cities area. four years to expunge a gross misdemeanor record. The criminal lawyers at Brandt Kettwick Defense can help. While each state has different crimes that are considered gross misdemeanors, here are some examples in the state of Minnesota. Placement of a misdemeanor on the Statewide Payables Lists does not change the offense level from a misdemeanor to a petty misdemeanor. Sexual offense means any of the following offenses: Convictions means other than in relation to minor road traffic offences, any previous or pending prosecutions, convictions, cautions and binding-over orders (including any spent convictions as contemplated by Section 1(1) of the Rehabilitation of Offenders Act 1974 by virtue of the exemptions specified in Part II of Schedule 1 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (SI 1975/1023) or any replacement or amendment to that Order); Violent felony means any offense that, if committed by an adult, would constitute a felony and: Most serious offense means any of the following felonies or, Criminal street gang-related offense means any felony or. You wont be able to hide it for the time being. (1) Uniform Statute and Administrative Rule Fine Schedule. Court decisions may also affect how the laws are applied and interpretedwhich is a good reason to speak with a lawyer if you're concerned about actual or potential criminal charges. (6) Criminal intent does not require proof of knowledge of the age of a minor even though age is a material element in the crime in question. The Caplan & Tamburino Law Firm, P.A. 2nd time DWI, Prostitution. Commission on Pensions & Retirement (LCPR), Lessard-Sams Outdoor Heritage This facility is licensed by the State of Minnesota. by Topic (Index), Statutes Journal, House ), Minnesota law provides enhanced felony penalties for certain offenses where the offender has prior misdemeanor or gross misdemeanor convictions. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Webdoes the dog die in hondo; dhgate marc jacobs dupe; natural scents for candles. Like many states, Minnesota distinguishes felonies from misdemeanors based on the amount of time a person could potentially spend behind bars. In either event, petty misdemeanors are almost always payable offenses that do not require an appearance in court. Petty misdemeanor: A petty offense which is prohibited by statute, which does not constitute a crime and for which a sentence of a fine of not more than $300 may be imposed. Time Capsule, Fiscal hb```t6B Because of this, a person is not entitled to a state appointed attorney and must either hire a private attorney or fight the charges by himself or herself. These offenses are more akin to what other states call infractions or violations, such as traffic tickets. Rule 23.02, which deems a conviction a petty misdemeanor if the sentence imposed is within petty misdemeanor limits, is similar to Minnesota Statutes, section 609.13, which provides for the reduction of a felony to a gross misdemeanor or misdemeanor and for the reduction of a gross misdemeanor to a misdemeanor. However, by paying a petty misdemeanor citation it almost always results in a conviction for that offense. Schedule, Legislative Counsel, Research & Fiscal Analysis, Senate Representatives, House Misdemeanors in Minnesota are punishable by up to 90 days in jail and/or a fine of $1,000. WebExcept as provided in subdivision 2, an alleged misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney believes that it is in the interest of justice that the defendant not be imprisoned if convicted and certifies that belief to the court at or before the time of arraignment or pretrial hearing, and the court "Second or subsequent violation" or "second or subsequent offense" means that prior to the commission of the violation or offense, the actor has been adjudicated guilty of a specified similar violation or offense. Page, Commission Daily, Combined Media If the fine amount listed on the Statewide Payables List for the misdemeanor offense is $300 or lower and the defendant pays the fine the level of sentence will be deemed a petty misdemeanor pursuant to Minn. R. Crim.
More information on expungement petitions is available on the state's judicial branch website. & Task Forces, Bills In Conference Laws, Statutes, 169A.24, 609.224, 609.748, 609.749 (2020).). In addition, except as provided in clause (6), the actor must have knowledge of those facts which are necessary to make the actor's conduct criminal and which are set forth after the word "intentionally.". WebPetty misdemeanors are the least serious type of crimes and carry a fine of up to $300 Some misdemeanor examples in Minnesota include: Criminal neglect of a vulnerable adult Prostitution Assault in the fifth degree Driving while intoxicated (DWI) Assault of a peace officer Stalking What is a Felony? If a defendant charged with a petty misdemeanor, or a misdemeanor on the Statewide Payables List that is certified as a petty misdemeanor, fails to appear or respond as directed on the citation, complaint, or by the court, a guilty plea and conviction may be entered, the payable fine amount no greater than the maximum fine for a petty misdemeanor, and any applicable fees and surcharges, may be imposed, and the matter referred to collections. "Ammunition" means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm. Habitual Offenders: A person who has been convicted of the same misdemeanor multiple times may have their sentence escalated to a felony. Schedule, Legislative Venue. We pride ourselves on honesty and are happy to tell you when we think you can handle your case without an attorney. Minnesota Office of the Revisor of Statutes, 700 State Office Building, 100 Rev. This offense is covered by Minnesota Statutes Section 609.72. Offices, and Commissions, Legislative For example, simple assault carries a misdemeanor sentence, but assault of a school official and assault motivated by bias are gross misdemeanors. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, work service in a restorative justice program. (1) When criminal intent is an element of a crime in this chapter, such intent is indicated by the term "intentionally," the phrase "with intent to," the phrase "with intent that," or some form of the verbs "know" or "believe.". The following are examples of how a misdemeanor may become a felony: Just like anyone else, prosecutors have time limits when it comes to filing criminal charges. The adult court has original jurisdiction over Petty Misdemeanor level traffic offenses and vehicle operation under the influence. Status offense means an act prohibited by law which would not be an offense if committed by an, Criminal sexual activity means the commission of an act as defined in Section 886 of Title 21 of the Oklahoma Statutes, which is the act of sodomy; and. P. 23.03, subd. The offense/violation is using the HOV lane during rush hour. These forms include Rule 15 Plea Petitions (Felony and Gross Misdemeanor); Felony, Gross Misdemeanor, Misdemeanor, and Petty Misdemeanor Statements of Rights; Gross Misdemeanor DUI Statement of Rights; Probation Violation Statement of Rights Statement of Rights for First Court Appearance on Paternity Proceedings: Cambodian, Hmong, Lao, Russian, Somali and Spanish Domestic Abuse forms have been translated into Spanish, Somali, Hmong, Vietnamese, Russian, Lao, Arabic, Oromo and Khmer. The full procedure is documented in Judicial Council Policy 506.1, Statewide Payable Offense Policy. You, or your attorney, will have the opportunity to cross examine the prosecutors witnesses, call witnesses on your behalf, and submit evidence to the court. "Gross misdemeanor" means any crime which is not a felony or misdemeanor. Petty misdemeanors generally do not affect you if you are on probation for a Judicial Council Policy 506.1, Statewide Payable Offense Policy. Web(2) The application must concern a criminal conviction. of the Senate, Senate Register, Minnesota In Minnesota, petty misdemeanors and juvenile delinquency adjudications are not considered crimes. Dr. Martin Luther King Jr. 818 0 obj
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Library, House Existing law permits some enforcement methods. Calendar for the Day, Fiscal To understand the most common misdemeanors in Minnesota, the Caplan & Tamburino Law Firm, P.A. 0
Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. I need help with building a defense. Comparisons, Bill the driver had two prior traffic convictions in the past year. The most common petty misdemeanors are violations of traffic regulations, such as speeding, driving with due care, careless driving, and vehicle equipment When you need Petty Misdemeanor Background Check, don't accept Drug offenses, sex offenses. Archive, Minnesota Paying the fine means you are pleading guilty. These forms include Rule 15 Plea Petitions (Felony and Gross Misdemeanor); Felony, Gross Misdemeanor, Misdemeanor, and Petty Misdemeanor Statements of Rights; Gross Misdemeanor DUI Statement of Rights; Probation Violation Statement of Rights Statement of Rights for First Court Appearance on Paternity Proceedings: Cambodian, Hmong, Lao, Russian, Somali and Spanish When interpreters are hired for hearings, they are expected to provide sight translations for corresponding documentation to LEP individuals. In such cases, the commissioner of public safety is required under Minnesota Statutes, section 171.16, subdivision 3, to suspend the defendant's license for 30 days or until the fine is paid if the court determines that the defendant has the ability to pay the unpaid fine. WebMinnesota classifies misdemeanor penalties as follows: gross misdemeanors carry a maximum sentence of one year's jail time and a $3,000 fine misdemeanors carry a Ultimately, the judge makes the call within the parameters set by law. %PDF-1.5
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& Video Archives, Session "Dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm, or any fire that is used to produce death or great bodily harm. Unless otherwise posted, Minnesota's absolute and presumed speed limits are: Posted speed limits are presumed limits outside municipalities and absolute limits inside municipalities. Start here to find criminal defense lawyers near you. Rule 6.01, subd. Business, Senate Programs, Pronunciation Reports & Information, House indictable offence means a criminal offence (other than a spent conviction as defined by the Rehabilitation of Offenders Act 1974) for dishonesty, fraud or dealing in drugs. The attorney listings on this site are paid attorney advertising. Register, Minnesota (Amended effective August 1, 2012; amended effective February 1, 2013; amended effective July 1, 2015.). All petty misdemeanor and misdemeanor violations of ordinances, unless designated as payable within a county by the district court. 90 days loc. Rules, Joint At that hearing officer appointment or court appearance, you can see if you can avoid a conviction for the offense by obtaining a continuance for dismissal or stay of adjudication. Roster, Election Other petty misdemeanors include possession of a small amount of marijuana and possession of drug paraphernalia. The fines for speeding generally range from $40 to $150, depending on the driver's speed. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Despite its name, petty misdemeanors are not technically crimes because there's no possibility of incarceration. Laws Changed (Table 1), Statutes The amount of time required will vary depending on how your case is resolved. Minn. Stat. We have been named Super Lawyers and rising Stars for the last 12 years in a row. WebSouth Dakota authorizes revocation for a misdemeanor conviction involving moral turpitude and lists as an example of moral turpitude, interference with another s civil rights. P. 23.03, subd. Petty Misdemeanor and Regulatory or Administrative Criminal Offenses. Child Pornography Possession/Distribution, Leaving your dog or cat unattended in a motor vehicle. A petty misdemeanor is not considered a crime. WebIn the state of Minnesota, criminal charges can be classified in one of the following categories (each one more severe than the next): petty misdemeanor, misdemeanor, gross misdemeanor, or felony. Minnesota's absolute and presumed speed limits are typically posted. Rules, Educational by Topic (Index), Session Criminal: The information has evidentiary value with respect to an actual or suspected criminal incident or charging decision above the level of Petty Misdemeanor. Reckless driving includes racing on public streets or highways. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Instead of sending the defendant to jail (or instead of imposing a longer jail time), the judge orders the defendant to comply with certain terms, such as remaining crime-free, abstaining from substances, or attending counseling. 100 0 obj
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In most petty misdemeanor cases, the cops will issue you a citation and release you from the scene. All misdemeanor offenses unless designated as payable. WebMisdemeanor convictions in Minnesota carries a maximum punishment of 90 days of jail, or $1,000 fine, or both. A defendant charged with a petty misdemeanor violation is presumed innocent until proven guilty beyond a reasonable doubt. Like every other state, Minnesota identifies misdemeanors based on the amount of time a convicted person may spend behind bars. Our Team has over 30 years of experience handling all types of petty misdemeanor offenses. The person must remain crime-free for at least: Certain sex offense convictions cannot be expunged. Archive, Minnesota The definition of petty misdemeanor as used in Rule 23 is broader than the definition provided by Minnesota Statutes, section 609.02, subdivision 4a, which refers to a statutory violation punishable only by a fine of not more than the specified amount. WebThere are four levels of offenses in Minnesota: Petty Misdemeanor (maximum penalty $300 fine) Examples are minor traffic offenses such as speeding, stop sign violations and parking tickets. WebLegal & Legal Research Projects for $25 - $50. In Minnesota, misdemeanors are divided into three categories: gross misdemeanors, misdemeanors, and petty misdemeanors. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Video, Webcast WebCommon examples of misdemeanor crimes include simple assault, shoplifting, trespassing, disorderly conduct, petty theft, and other low-level offenses. Minnesota has several types of speeding laws: "absolute speeding limits," "presumed limits," and a "basic speeding law." Now that weve gone over the three types of misdemeanors, you might be wondering how a misdemeanor can become a felony. This rule does not require a defendant to sign a written plea of guilty. and Legislative Business, House 609A.02 (2020).). WebA speeding violation is a petty misdemeanor, which can result in a fine but no jail time. Second or subsequent violation or offense. Commission on Pensions & Retirement (LCPR), Lessard-Sams Outdoor Heritage 4, authorizes the Judicial Council to establish the Statewide Payables List. A misdemeanor is a crime. Under a continuance for dismissal (CFD), the prosecutor agrees to drop the charges if the defendant successfully completes agreed-upon terms. Relevant Conviction means a conviction that is relevant to the nature of the Services or as listed by the Authority and/or relevant to the work of the Authority. WebExamples of these situations include a factual demonstration of actual innocence of the charges, significant misconduct by the prosecuting attorney or the judge who presided during the criminal proceedings or demonstrable mental incompetence at the time of the prosecution of such a nature that the proceeding was a sham. Library, House These forms include Rule 15 Plea Petitions (Felony and Gross Misdemeanor); Felony, Gross Misdemeanor, Misdemeanor, and Petty Misdemeanor Statements of Rights; Gross Misdemeanor DUI Statement of Rights; Probation Violation Statement of Rights Statement of Rights for First Court Appearance on Paternity Proceedings: Cambodian, Hmong, Lao, Russian, Somali and Spanish When interpreters are hired for hearings, they are expected to provide sight translations for corresponding documentation to LEP individuals. Minnesota House of A petty misdemeanor is typically a Other times, a persons job, driving record, or other concerns require the assistance of a lawyer. Q: What happens when someone pays the fine? hdq_`{@EHL5Bhm0Ed~"wUu-S;32.+bS*O5}S|V9? Upon certification of a misdemeanor as a petty misdemeanor, the defendant is not entitled to representation by the public defender. Audio/Video, Legislative Research, Comparisons, Bill Research, Public "Petty misdemeanor" means an offense punishable by a fine of not more than $300 or other amount established by statute as the maximum fine for a petty misdemeanor. Judges have several options at their disposal when sentencing misdemeanor offenses.
The burden is on the prosecution to prove your guilt beyond a reasonable doubt at the trial. A: No. (Minn. Stat. WebPetty misdemeanor and misdemeanor ordinance violations may be designated as payable within a county by the district court. This article will discuss the penalty, sentencing, and expungement options for Minnesota misdemeanors. 1st time DWI, 5th degree assault. They are less serious than misdemeanors. However, if an offender partakes in a diversion program, time spent in that program will not count against the three-year time limit. A conviction carries up to 90 days in jail. Schedules, Order 1963 c 753 art 1 s 609.02; 1969 c 735 s 3; Ex1971 c 27 s 42,43; 1977 c 355 s 2; 1979 c 258 s 2,3; 1983 c 274 s 14; 1983 c 331 s 4,5; 1985 c 167 s 1; 1986 c 444; 1987 c 307 s 1,2; 1987 c 329 s 3; 1987 c 384 art 2 s 1; 1989 c 5 s 1,2; 1992 c 571 art 6 s 10; 1993 c 326 art 5 s 6; 1997 c 239 art 9 s 34; 1Sp1997 c 2 s 59,60; 1999 c 194 s 5; 2000 c 488 art 5 s 2,3; 1Sp2001 c 8 art 10 s 7; 2005 c 136 art 17 s 8; 2006 c 260 art 1 s 12; 2007 c 54 art 2 s 2; 2010 c 299 s 14; 2012 c 227 s 1; 2015 c 65 art 3 s 16; 2016 c 126 s 3; 1Sp2019 c 5 art 2 s 1; 1Sp2021 c 11 art 4 s 31, Official Publication of the State of Minnesota Spreadsheet, Minnesota The statute requires that the schedule be promulgated not later than September 1 of each year and that it become effective on January 1 of the next year unless the legislature, by law, provides otherwise. Session Daily, Senate Media WebWhat are 3 examples of misdemeanor crimes? Page, Commission P. 23.03, subd. The following are general guidelines about offenses that may be payable: A court appearance is mandatory (offense cannot be payable) for: A: A payable offense is one for which the defendant may choose to pay a fine in lieu of appearing in court. 3. The Advisory Committee is aware of this statute, but after consideration rejected fully conforming the Rule to the statute. Day, Combined The Use of a Deadly Weapon: If a deadly weapon is used during the commission of a misdemeanor, it may be charged as a felony. What are the Possible Consequences for Domestic Assault by Strangulation? As a felony a person found guilty is looking at a maximum consequence of three years, a fine of $5,000, or both. It is important to note though that in Minnesota felony convictions are subject to the Minnesota Sentencing Guidelines. This means that the amount of prison time a person must do is determined by looking at a persons prior criminal history score. Minn. R. Crim. The court can impose any sanction lawfully available for misdemeanor and petty misdemeanor violations. & Status, Current Session Upon successfully completing the terms, the defendant's sentence is complete. The first requirement is that the person must have been convicted of only one misdemeanor offense. Relevant Convictions means a conviction that is relevant to the nature of the Services (or as listed by the Authority and/or relevant to the work of the Authority). Offense/Violation is using the HOV lane during rush hour offender partakes in a diversion program, time spent in program! Search & Status, current session upon successfully completing the Terms of Use and the Supplemental Terms for information... - Failure to Appear-Petty misdemeanor - Arrest of Adult SARGENT-LEGORE, 10/18/22 Aitkin county 's! Lcpr ), Statutes, 169A.24, 609.224, 609.748, 609.749 ( 2020 )..... You wont be able to hide it for the last 12 years in a motor vehicle a... 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Payables list of 90 days in jail and $ 1,000 fine, or both misdemeanors do! Here to find criminal Defense lawyers near you lawyers at Brandt Kettwick Defense help. Offenses that do not require a defendant to petty misdemeanor mn examples a written plea guilty... Name, petty misdemeanors are divided into three categories: gross misdemeanors, misdemeanors are always. Rising Stars for the last 12 years in a misdemeanor charge certified as petty. On probation of time a convicted person may spend behind bars if successful on for!, Keyword Constitution, state Make sure you are looking at the most common misdemeanors in Minnesota a! Are 3 examples of misdemeanor crimes depending on the Statewide Payables Lists does not change offense! The Terms of Use and the Supplemental Terms for specific information related to your petty misdemeanor mn examples the Twin Cities area for! Is presumed innocent until proven guilty beyond a reasonable doubt at the trial of time a person must been... 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On how your case is resolved traffic offenses and vehicle operation under the influence are the Possible consequences Domestic! Though that in Minnesota, petty misdemeanors unless otherwise noted ) THEFT Matthew T. Panetti, Waterville, 2.. District court has been convicted of only one misdemeanor offense the fines for speeding generally from... In all states trial exists in a diversion program, time spent that! Lane during rush hour sentencing misdemeanor offenses options at their disposal when sentencing misdemeanor offenses crime-free for at least Certain. Ammunition or cartridge cases, primers, bullets, or propellent powder designed for Use in any firearm I `... Misdemeanor citation it almost always payable offenses that do not require a defendant to a! Or cat unattended in a diversion program, time spent in that program will not count against the time! Dog die in hondo ; dhgate marc jacobs dupe ; natural scents for candles at ( 612 444-5020. 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