Charged Under Statute § 609.6057? A Minnesota Defense Lawyer Explains the Stakes.
You thought you understood the rules. As part of your criminal case, a judge ordered you to stay away from a specific place—a neighborhood, a block, maybe even a single building. You were told it was a “geographic restriction,” another piece of legal jargon in a process already filled with confusing terms. Maybe you didn’t think it was a big deal, or you misjudged the boundaries on a map. Perhaps you had what felt like a valid reason to be there, believing an exception would surely be made. Now, you’re facing a new criminal charge, not for the original offense, but for simply being in the wrong place at the wrong time. This charge, for violating a geographic restriction order, can feel deeply unfair and incredibly stressful.
This is not a minor ticket or a simple warning. A conviction for violating a geographic restriction under Minnesota Statute § 609.6057 is a separate crime that carries its own penalties and creates a cascade of negative consequences for your underlying case. The prosecutor will argue that you knowingly defied a direct court order, painting you as someone who refuses to follow the rules. This can damage your credibility with the judge, jeopardize any plea negotiations that were on the table, and potentially lead to harsher sentencing on your original charge. You are now fighting a battle on two fronts, and the stakes have just been raised significantly.
You do not have to face this compounding legal trouble by yourself. As a criminal defense attorney who has defended clients throughout Minnesota—from the urban cores of Minneapolis and St. Paul to the surrounding suburbs of Bloomington, Eagan, and Maple Grove, and in cities like Rochester and Duluth—I understand the complexities of these orders. I know how easily a misunderstanding can lead to a new charge and how to build a defense against it. Your story, your reasons, and your rights matter. My mission is to ensure they are not ignored and to fight to protect you from the severe fallout of this new accusation.
What Does Violating a Geographic Restriction Actually Mean in Minnesota?
At its core, violating a geographic restriction means you intentionally went into an area that a judge specifically ordered you to stay out of. This is not a general “no-contact” order, which focuses on a person, but an order tied to a specific physical location. The court can issue these orders for various reasons, usually tied to protecting public safety or property. For example, if you were charged with shoplifting, a judge might restrict you from entering that specific store or the entire mall while your case is pending. The key to the charge is your state of mind: the prosecution must prove you knew about the order and intentionally entered the forbidden zone.
A “Minnesota geographic restriction charge” is often a surprise for the person accused. You might have been given a map with a highlighted area in a court in Plymouth or St. Cloud and simply gotten confused about the exact street boundaries. Or perhaps you had to pass through a corner of the restricted zone to get to a necessary appointment, assuming it wouldn’t be a problem. Unfortunately, your reasons don’t automatically protect you. “Facing a geographic restriction accusation” means the state believes you willfully disobeyed a judge, and you now face a new misdemeanor crime on top of your existing legal challenges.
Minnesota Law on Geographic Restrictions — Straight from the Statute
The power of the court to create these stay-away zones and the criminal penalties for violating them are outlined in a specific state law. When you are charged with this offense, the prosecutor is alleging your actions violated this precise statute. The controlling law is Minnesota Statute § 609.6057.
Here is the key language from the statute that defines the crime:
609.6057 GEOGRAPHIC RESTRICTION.
Subdivision 1. Definition. As used in this section, “geographic restriction” means a limitation prohibiting a defendant in a criminal proceeding or a juvenile offender in a delinquency proceeding from entering a designated property or geographic area.
Subd. 2. Prohibited conduct; penalty. A person who knows of a geographic restriction order issued against the person and intentionally enters or remains in the restricted area is guilty of a misdemeanor.
Subd. 3. Notice. (a) A geographic restriction may be issued as a pretrial order before final disposition of the underlying criminal case, as a postconviction probationary order, or both…
…(e) A court issuing a geographic restriction order under this section shall notify a defendant:
(1) of the area subject to a geographic restriction; and
(2) that violation of the geographic restriction order is a crime.
Breaking Down the Legal Elements of a Violation in Minnesota
To secure a conviction for violating a geographic restriction, the prosecutor must prove three distinct elements beyond a reasonable doubt. This is a higher burden than many people realize. It’s not enough for them to just show you were in the restricted area. Each element is a link in a chain, and if I can break even one of those links, their entire case against you fails. We will carefully dissect the state’s evidence to challenge them on every point and expose the weaknesses in their accusation.
- Knowledge of the Order: The prosecutor must first prove that you actually knew the geographic restriction order existed. This means you were properly notified by the court, as the statute requires. If you were not in court when the order was issued, if the paperwork was mailed to an old address, or if the terms were explained in a confusing way, we can argue you lacked the required knowledge. You cannot be convicted for violating an order you didn’t know about. This element is a critical first line of defense.
- Intent to Enter the Area: This is about your state of mind. The state must prove that you intentionally entered the restricted zone. An accidental or inadvertent entry is not a crime under this statute. For example, if you were a passenger in a car and the driver took a route through the forbidden area without your knowledge, you did not act intentionally. Likewise, if the boundaries were so poorly defined that you couldn’t reasonably be expected to know you had crossed a line, your intent is questionable.
- Violation of the Terms: Finally, the prosecutor must prove that your physical location was, in fact, within the boundaries of the geographically restricted area as defined by the court order. This can be a point of contention if the order itself is vague or ambiguous. We will examine the exact wording of the judge’s order and compare it to the evidence of your location to see if you were truly in violation. A poorly drafted order can make a conviction impossible for the state to obtain.
Penalties for Violating a Geographic Restriction in Minnesota Can Be Severe
A charge under § 609.6057 is a standalone crime, and it carries its own distinct set of penalties. While it is classified as a misdemeanor, the consequences go far beyond the sentence for this specific offense. The real danger often lies in how this new charge impacts your original, underlying case. A judge in Hennepin or Ramsey County will see the violation as an act of defiance, which can eliminate any goodwill you may have built. Understanding the full scope of the “penalties for violating a geographic restriction in Minnesota” is vital.
Misdemeanor Penalties
As a misdemeanor offense, a conviction for violating a geographic restriction carries the following potential direct penalties:
- Up to 90 days in jail.
- A fine of up to $1,000.
- Probation with additional conditions.
Impact on Your Underlying Case
The indirect consequences are often much worse. If you were out on pretrial release, violating the geographic restriction can cause the judge to revoke your release and order you to be held in jail until your original case is resolved. If you were negotiating a plea bargain, the prosecutor might withdraw the offer. If you are eventually sentenced on the original charge, the judge can use this violation as a reason to give you a much harsher sentence.
What This Looks Like in Real Life — Common Scenarios in Minnesota
A charge for violating a geographic restriction can happen in countless ways, often stemming from confusion, necessity, or a simple mistake. These are not hardened criminals, but ordinary people caught in a difficult legal situation. You may see your own story reflected in these scenarios from across Minnesota.
These examples show how easily a person can face a new criminal charge while already navigating the justice system. The specific context of the alleged violation is crucial for building a defense that a judge and prosecutor can understand.
The Confusing Map in Minneapolis
You were charged with disorderly conduct near Loring Park in Minneapolis. As a condition of your release, the judge barred you from a four-block area around the park and gave you a photocopied map with a highlighted square. A week later, you have a doctor’s appointment on the edge of that area. You check the map and believe the clinic is outside the zone. However, the prosecutor argues one corner of the building’s parking lot technically crosses the line, and you are charged with a violation when an officer sees you leaving.
The Public Transit Problem in St. Paul
Your original charge stems from an incident at the Green Line light rail station at University Avenue and Dale Street in St. Paul. The judge issues a geographic restriction for that station. This is the only station within walking distance of your job. You try to use a different stop, but one day your car breaks down, and you have to take the train to work or risk getting fired. You enter the restricted station, are recognized by transit police, and are immediately arrested for violating the order.
The Family Emergency in Rochester
You are on probation for a past offense, and a condition is that you stay out of a specific residential neighborhood in Rochester where an ex-partner lives. You receive a frantic call that your child, who is with a babysitter in that neighborhood, is having a severe asthma attack. Without thinking, you drive directly to the house to help. An officer responding to the 911 medical call recognizes you and, despite the obvious emergency, charges you with violating the geographic restriction order.
The Social Gathering in Duluth
A court in Duluth has barred you from entering a specific downtown bar district while your DUI case is pending. Months later, a close friend invites you to their birthday dinner at a new restaurant. You don’t realize the restaurant is located on the very edge of the restricted geographic zone. You have dinner, cause no trouble, and leave. But someone who knows about your case sees you and reports it, leading to a new criminal charge for your innocent mistake.
Legal Defenses That Might Work Against Your Charge
An accusation of violating a geographic restriction is not a conviction. The state has the full burden of proving its case, and you have the right to present a powerful defense. Many effective strategies can be used to fight these charges, often focusing on your lack of intent, your lack of knowledge, or the invalidity of the order itself. Your defense must be strategically designed to address the unique facts of your case, whether it originated in Brooklyn Park, Burnsville, or anywhere else in Minnesota.
I will start by obtaining all the evidence: the original court order, the police report from your new arrest, any GPS or surveillance data, and all communications from the court. We need to challenge the narrative that you willfully defied a judge. The “defenses to violating a geographic restriction in Minnesota” are often found in the fine print and in the real-world context of your actions. My goal is to show the court that this was not an act of defiance, but a mistake, a necessity, or the result of an unfair order.
You Did Not Knowingly Violate the Order
This is one of the most fundamental defenses. The statute requires that you know of the order and intentionally enter the restricted area. If we can show that either your knowledge or your intent was absent, the charge must be dismissed.
- Lack of Notice: You were never properly served with the order. Perhaps it was issued when you weren’t present in court, or the notice was sent to an incorrect address. You cannot be expected to follow an order you never received.
- Accidental Entry: You did not intend to be in the area. You might have been a passenger in a car, taken a wrong turn due to a detour, or become disoriented. If your presence in the zone was not a conscious choice, you did not “intentionally” violate the order.
The Geographic Boundaries Were Unclear
A court order must be clear and specific. If the geographic restriction was defined in a vague or ambiguous way, it may be unenforceable.
- Vaguely Worded Order: The order might have prohibited entry into “the downtown area” or “the vicinity of the school” without defining those terms with specific street boundaries. Such an order is likely void for vagueness because a reasonable person could not determine what was prohibited.
- Inaccurate Map: The map or description provided by the court may have been inaccurate, poorly copied, or confusing. If you made a good-faith effort to comply with what you were given, we can argue that the fault lies with the court’s unclear instructions, not your actions.
Your Violation Was Justified by an Emergency
Minnesota law recognizes that sometimes, breaking a law is necessary to prevent a greater, more immediate harm. This is often called the “necessity” defense.
- Medical Emergency: You had to enter the restricted area to seek emergency medical care for yourself or someone else. For example, the nearest hospital emergency room was located within the forbidden zone.
- Fleeing Danger: You entered the restricted area to escape a threat of serious physical harm. If you were being chased or felt you were in immediate danger, a jury could find that your actions were justified under the circumstances.
The Order Included an Exception That Applied to You
The judge who issued the order may have included specific exceptions, or the law may imply them. It is crucial to read the order carefully to see if your situation was permitted.
- Court-Ordered Exceptions: The order might explicitly allow you to enter the area for work, school, court appearances, or medical appointments. The statute itself notes that courts can grant exceptions to avoid “significant hardship.”
- Asserting Your Rights: We can petition the court to modify or grant an exception to the order if it creates an undue hardship. For example, if the restriction prevents you from getting to your job, we can ask the judge to amend the order to allow for a specific travel route.
Minnesota Geographic Restriction FAQs — What You Need to Know Now
Will I go to jail for violating a geographic restriction in Minnesota?
It’s a real possibility. The charge is a misdemeanor, carrying a maximum of 90 days in jail. More importantly, the judge in your original case could revoke your pretrial release and send you to jail to await your trial, seeing you as a risk for not following court orders.
Can this charge be dismissed?
Yes, and dismissal is always my primary goal. If we can show you didn’t know about the order, didn’t intend to violate it, or that the order itself was flawed, we can file a motion to have the charge dismissed entirely, protecting both your record and your underlying case.
Do I really need a lawyer for this in a city like Eagan or Eden Prairie?
Absolutely. This charge is deceptive. It seems minor, but it can sink your primary case. A local criminal defense attorney who understands the prosecutors and judges in Dakota or Hennepin County is essential. I can negotiate with the prosecutor to explain the situation and fight to prevent the devastating domino effect on your other charges.
How will this new charge affect my main criminal case?
It will affect it negatively in almost every way. Prosecutors will be less willing to offer a favorable plea deal. Judges will be less likely to believe you are a good candidate for probation or a lenient sentence. It undermines your credibility and suggests you cannot be trusted to follow court directives.
How long does a conviction for this stay on my record?
Like any criminal conviction in Minnesota, it will remain on your public record permanently unless you are able to get it expunged later. This can create long-term problems with background checks for jobs, housing, and professional licenses. The best strategy is to avoid the conviction from the start.
What if I had to go into the area for my job?
This is a critical point to address immediately. When the order is first proposed, your attorney should request a specific exception for work-related travel. If the order is already in place, we can file a motion asking the court to modify it to prevent you from losing your job. This shows you are trying to comply while managing your life.
The order seems unfair. Can I challenge the geographic restriction itself?
Yes. A geographic restriction must be reasonably related to protecting public safety or property. If the restricted area is overly broad—for example, banning you from an entire city—we can argue that it is an unconstitutional violation of your right to travel and ask the judge to cancel or narrow the order.
What is the difference between a geographic restriction and a no-contact order?
A geographic restriction prohibits you from entering a place. A Domestic Abuse No-Contact Order (DANCO) or a Harassment Restraining Order (HRO) prohibits you from having contact with a specific person, wherever they may be. Violating either type of order is a serious criminal offense.
The police officer told me I could go there. Is that a defense?
It might be. This defense is called “entrapment by estoppel,” and it argues that you reasonably relied on the advice of a government official. If you can prove an officer explicitly told you that you were allowed to be in a certain place, it could be a powerful defense against an intent-based charge.
What if I was just driving through the restricted area?
This depends on the wording of the order. Some orders prohibit “entering or remaining in” the area, which would include driving through. If your travel was momentary and unintentional (e.g., you took a wrong turn), it strengthens your defense that you lacked intent. If you drove through knowingly, it is likely a violation.
Can the court restrict me from my own home?
In certain situations, yes. In domestic assault cases, for example, a court can order you to stay away from the shared residence as a condition of pretrial release, even if your name is on the lease or deed. This is a form of geographic restriction.
How does the court decide where the restricted area is?
The court considers factors like where the alleged crime occurred, where the victim lives or works, and whether your presence in an area creates a risk to public safety. The prosecutor often proposes the boundaries, but your defense attorney has the right to object and argue for a less restrictive area.
Can I get the geographic restriction removed early?
Yes. You can petition the court to cancel the order. To be successful, you generally need to show that there has been a change in circumstances or that the order is no longer necessary to protect public safety. A judge will review the request and decide whether to grant it.
What’s the first thing I should do if I’m charged with this?
Exercise your right to remain silent and call a criminal defense attorney immediately. Do not try to explain the situation to the police. Anything you say can be twisted and used against you. Let a lawyer handle all communication with law enforcement and the courts.
Is it better to accept a plea deal on this charge?
Not necessarily. Pleading guilty puts another conviction on your record and gives the prosecutor ammunition to use against you in your other case. It is often far better to fight the charge, as a dismissal or a not-guilty verdict removes that leverage and protects your future.
What a Conviction Could Mean for the Rest of Your Life
A conviction for violating a geographic restriction is a black mark that goes far beyond the misdemeanor sentence. It signals to the entire justice system—and the outside world—that you are someone who defies court orders. This label can have profound and lasting consequences, creating obstacles that follow you for years. The “life after a conviction in Minnesota” for this offense can be complicated by these collateral effects.
Severe Damage to Your Underlying Criminal Case
This is the most immediate and dangerous consequence. A conviction for this violation can torpedo your defense in your primary case. Prosecutors will revoke plea offers, arguing you can’t be trusted to follow probationary terms. A judge, seeing you as defiant, is far more likely to impose a jail or prison sentence on the original charge, viewing any lesser sentence as a risk. It effectively removes all benefit of the doubt you may have had.
A Damaging Criminal Record
This conviction adds another searchable offense to your criminal history. When future employers, landlords, or licensing boards run a background check, they won’t just see the original charge; they will see a second charge that you failed to follow a judge’s order. This can be a major red flag, often interpreted as a sign of poor judgment and an unwillingness to respect authority, making it much harder to find a good job or a safe place to live.
Difficulty Securing Pretrial Release in the Future
If you are ever arrested again in the future, for any reason, this conviction will be front and center. The prosecutor will argue to the judge that you are a flight risk or a danger to the community because you have a proven history of not complying with court-ordered release conditions. This makes it much more likely that a judge will set a very high bail amount or deny pretrial release altogether, forcing you to remain in jail while your case is pending.
Negative Impact on Probationary Sentences
If you are ultimately sentenced to probation for your original offense, this violation will hang over your head. Your probation officer will see you as a higher risk, which could lead to more restrictive and burdensome conditions, such as more frequent check-ins, a GPS monitor, or mandatory counseling. Any minor slip-up during your probation will be viewed more harshly, increasing the likelihood that your probation will be revoked and you will be sent to jail.
Why You Need a Tough, Experienced Minnesota Defense Attorney
When you’re facing a new criminal charge for violating a court order, the situation can feel hopeless. The system seems designed to punish you, and the prosecutor is already using this against you. You need more than just a lawyer; you need a fighter, a strategist, and an advocate who will stand between you and the full force of the state. Hiring a dedicated, private Minnesota defense attorney is your best and only defense.
A Private Lawyer Focused Solely on You
Public defenders are dedicated lawyers, but they are often forced to handle hundreds of cases at once. They simply do not have the time or resources to give your case the individual attention it deserves. As your private attorney, your case is my priority. I will dig into the details, investigate every angle, and be available to you to answer your questions and calm your fears. You are not a case number to me; you are a person whose future is on the line, and I will treat your case with the urgency it demands.
Taking Immediate Action to Mitigate the Damage
The moment you are accused of violating a geographic restriction, the clock starts ticking. I will act immediately to get ahead of the prosecutor. This means contacting them right away to present our side of the story before they become entrenched in their position. I will file motions to challenge the validity of the order, to argue for an emergency exception, or to suppress any evidence against you. This proactive approach can often stop the negative momentum and prevent the charge from derailing your underlying case.
Navigating the Complexities of Minnesota’s Courts
I have defended clients in courtrooms across this state, from the Washington County courthouse in Stillwater to the Dakota County courts in Hastings. I know the local players—the judges and the prosecutors. I understand their tendencies, what arguments they find persuasive, and how to best position your case for success in their courtroom. This insider’s perspective is an invaluable advantage that can make the difference between a conviction and a dismissal.
A Strategy Designed to Achieve a Dismissal
My goal is not simply to manage your case; my goal is to win it. I will build a defense designed to get this charge dismissed so it cannot be used against you. Whether that means proving you lacked intent, demonstrating the order was invalid, or showing your actions were justified, I will leave no stone unturned. I will prepare your case as if it is going to trial from day one, which shows the prosecutor we are serious. This aggressive posture often forces them to reconsider their case and leads to dismissals, reduced charges, and protected futures.