Criminal Defense

Take the charge seriously, even if it seems minor, and hire a defense lawyer as soon as possible. Anything you say to police or investigators can be used against you later. You have the right to remain silent and the right to talk to an attorney before answering any questions. Once you’re charged and potentially released on bail, be sure to pay close attention to your conditions of release, including no-contact orders or travel limits.

Minnesota divides criminal offenses by how serious they are, and the potential sentences for a conviction reflect this:

• Misdemeanors usually carry penalties of up to 90 days in jail and a fine of up to $1,000, though many people charged with a misdemeanor avoid jail entirely.
• Gross misdemeanors can result in up to one year in jail and a $3,000 fine.
• Felonies carry possible prison sentences of more than one year and much higher fines.

Felony charges often involve longer investigations and more complex court proceedings. In addition to the punishments, bail release conditions are usually much stricter than those for misdemeanor bail.

Not every charge leads to jail or prison time. Many cases are resolved through dismissal, acquittal, reduced charges, probation, or alternative sentencing. Minnesota uses sentencing guidelines for felony offenses that consider criminal history and how serious the specific crime is. Judges also have discretion in many cases. The sooner you get an attorney involved, the more defense options you’ll have.

It depends on your unique case. The prosecution has the burden of proving each element of a crime beyond a reasonable doubt, which is the highest standard of proof in the U.S. legal system. If they don’t have enough evidence to support those charges, your charges might be reduced, or your case could even be dismissed. Your lawyer will help you understand the most likely outcomes and best defenses.

After an arrest, the court decides whether you should be released pending trial. They’ll also decide on any conditions of release, which could include bail (monetary collateral to make sure you show up in court). You could also be subject to non-monetary conditions like supervision, drug and alcohol testing, or no-contact orders. Violating these conditions can result in additional charges or jail time.

Some criminal records can be sealed through expungement, which limits whether the public can view them. Your personal eligibility depends on your specific conviction and how much time has passed. While expungement doesn’t completely erase your record, it can help with obtaining housing and employment, among other areas of life, because you generally don’t have to disclose an expunged arrest or conviction on applications. Filing deadlines and notice requirements apply, so preparation matters.

You don’t have to accept the first offer—or any plea deal at all. Early plea offers may change as the prosecution finds more evidence and both sides file pre-trial motions. Ham Lake prosecutors are more likely to make a fair offer once weaknesses in the case become clear. Some offers improve, others don’t. Your decision should be based on the potential risks and your goals. Your lawyer can help you decide whether an offer is fair or if you want to go to trial.

Even if you think you’ll plead guilty, you should always talk to an attorney first. Pleas can carry collateral consequences that will affect the rest of your life. An experienced lawyer can explain what the plea actually means for you, practically speaking, and whether better options exist.