Frequently Asked Questions

Minneapolis Criminal Defense Attorney

Why should I hire a criminal defense lawyer?

The State of Minnesota has literally millions of dollars or resources at their disposal to prosecute you when you are charged with a crime. They also have teams of experienced prosecutors, vast numbers of law enforcement personnel, forensic scientists, crime scene investigators (CSI) and other staff. Some people choose to represent themselves in front of a judge but this is almost never a good idea. You have a constitutional right to get legal representation to guarantee that your side of the story will be heard. Hiring an experienced Minnesota criminal defense attorney to represent your case has many advantages and will ensure that your needs and rights will be acknowledged, protected and fought for. A skilled lawyer can provide you with superb advice, multiple resources, legal guidance and someone you can count on by your side.

How should I choose my attorney?

You want someone who has experience handling your type of case and who has proven themselves both in and out of court for getting results. You also want to feel comfortable with them and feel they are personally interested in your case and will do everything possible to help you resolve the charges brought against you. You must be willing to be completely honest and open with your lawyer for them to be able to effectively defend your case. Only then will you have the confidence you'll need to get through this trying time.

When should I hire a criminal defense lawyer?

The moment you suspect you are under investigation or as soon as you are arrested you should contact a lawyer immediately. It is your right to not speak or answer questions until you have a lawyer present to protect your rights.

Can a good criminal defense attorney guarantee the results of my case?

Absolutely not! Making such a promise is against the Minnesota Bar Rules. An experienced criminal trial attorney can usually give opinions based on their experience but is it is never more than an opinion. The outcome of any case is unknown until both sides have presented their case and a ruling is made.

Should I speak with police?

Never! Do not sign anything or make any kind of statement! If you are under investigation by police, you might not even know it. They could ask you to come to the police station and give them a statement. You might think that this is your opportunity to tell them your side of the story. Do not do this! This is a risky time for anyone under investigation for an offense or charged with a crime. Do not let law enforcement authorities intimidate or scare you into responding to their questions. Some police officers will promise or do almost anything to try to trick or coerce you into giving a statement.

Rather than speak with police, talk to a defense attorney right away. Your lawyer will intercede and talk to detectives and police for you. This is a good way to give valuable information about your innocence and could lead to police not filing charges against you. It will also prevent you from making any statements that can be used against you. The police are not meeting with you to clear you of the charges. They want to gather as much evidence as possible to make a case against you that could lead to a conviction. Any statement that you give them, including statements that you think are innocent, could be damaging and used by the prosecution during trial.

Can the police detain you without arresting you?

Yes, with limitations. Under Minnesota law, based upon reasonable, articuable, suspicion that you may be involved in criminal activity, a police officer may require you to identify yourself and explain your presence at a particular time, without arresting you. Under Minnesota law, the police officer may not remove you from the immediate vicinity without making an arrest, unless you voluntarily accompany the police officer to some other location.

If the officer has reasonable grounds to believe that you are armed, he or she may conduct a limited pat-down of your outer garments for the purpose of detecting weapons. If this "frisk" results in a reasonable belief on the part of the police officer that you are carrying a weapon, the officer may remove the suspicious object for protection. The officers must return to you any object found unless they places you under arrest. Unless the officer places you under arrest, the frisk or search must be limited to suspected weapons. At the conclusion of this temporary detention the officer must either arrest you or let you go.

What are the "Miranda" rights?

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.

When do police need to inform me of my Miranda rights?

The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave. Also, the questions being asked, even if in custody, must be the type of questions that could elicit an incriminating response. In other words, even a person arrested does not have to read their Miranda warnings prior to the officer asking them their name, address and other biographical information.

An example: Police can question witnesses at crime scenes without reading them their Miranda rights, and should a witness implicate themselves in the crime during that questioning, their statements could be used against them later in court.

Police can detain or arrest a person without reading them their Miranda rights. However, any statements made by the person prior to being informed of their Miranda rights during an interrogation may be ruled inadmissible into evidence against the person.

The Miranda rights do not apply to all incriminating statement s made to police. Miranda does not apply to statements a person makes before they are detained or arrested. Similarly, Miranda does not apply to statements made "spontaneously," or to statements made after the Miranda warnings have been given.

If you first say you don't want a lawyer, you can still demand one during questioning. A person being questioned by the police can terminate the interrogation at any time by asking for an attorney and stating that he or she declines to answer further questions until an attorney is present. However, any statements made up until that point during the interrogation may be used against the person in court.

Police who claim they can "help you out" if you just talk to them or that they can influence the judge and get you a lighter sentence are LYING!! Once a person has been arrested, the police have no control over how the legal system treats them. Criminal charges and sentencing are totally up to the prosecutors and the judge.

What are the Dos and Don'ts after I am arrested?

The Dos

Do be polite and as courteous as possible to the police.
Do ask for the police officer's name and badge number, or read it off of his or her badge. Try to
remember it. Try to get a good look at the officer's face so that you can identify him or her later by that method, if necessary.
Do, if you are arrested in your car, show the police officer your driver's license and registration information. Note that in other situations where you are not stopped in your car, you cannot be arrested for the sole reason of refusing to provide information, including your name and address, to the police.
Do place your hands where the police can see them.
Do, if you are taken into custody, demand the right to have an attorney present before speaking to the police.
Do ask if you are under arrest. If you are, you have the right to be told why.
Do clearly inform the police that you will not speak to them about anything without an attorney being present.
Do, as soon as you can, write down everything that happened during the course of your arrest so that you can use that writing to refresh your memory at a later date.
Do, if you are physically injured by the police during the course of your arrest, seek medical attention and inform your medical providers of the cause of your injuries. Take photographs of your injuries as soon as possible.
Do remember that you do not need to answer ANY question that the police ask of you. If you answer a question which at first seems harmless, be aware that it may come back to haunt you later.

The Don'ts

Don't offer information to the police, no matter what tactics they use.
Don't assume that the police have a search warrant just because they say that they do. If they say they have a search warrant, ask to see it.
Don't get into an argument with the police, no matter how hard they may try to bait you into losing your temper.
Don't initiate physical contact with the police, even if you mean them no harm.
Don't give them any reason to find you threatening. Do not give them the impression that you are hard to deal with or irritating.
Don't run away from a police officer if you see one (or more) approaching you. Running away may give the police reason to suspect that you are hiding something from them, even if you are totally innocent.
Don't interfere with or obstruct the police. If you do, you can face additional criminal charges.
Don't resist arrest. Even if you think you are innocent, the time to protest comes later. If you resist arrest, you may face additional charges.
Don't allow the police to listen in on any telephone call that you make to your lawyer once you have been arrested. While the police may listen in on conversations to other individuals, they cannot listen to a conversation with your lawyer because it is protected by the attorney-client privilege.
Don't speak to the police about anything before your attorney arrives and talks to you first.
Don't provide the police with any information other than your name and address if you are arrested unless your attorney is present and approves.
Don't sign anything, no matter what it is, without an attorney being present.
Don't say anything if your attorney instructs that you remain silent. Let your attorney do the talking for you, no matter how hard it may be to resist the urge to speak.
Don't agree to participate in a line-up without your attorney being present.
Don't lie to your attorney, or to the police if you choose to talk to them

Contact a Minneapolis Criminal Defense Attorney for more information and legal representation if you have been arrested for a criminal charge.