Criminal Defense FAQs

Actions you should take to protect your rights and interests following an arrest include:

• Exercising your right to remain silent
• Asking to speak to a criminal defense attorney as soon as possible
• Refraining from starting conversations with officers

If you secure release following an arrest, other steps that can help you prepare a defense case include gathering relevant evidence and information, such as names of witnesses with relevant testimony.

When the police place you under arrest, you have the right to know the charges forming the basis for your arrest. You also have the right to an arraignment or preliminary hearing within a reasonable time after your arrest.

While under arrest, you also have the right to remain silent, which entitles you to refuse to answer questions from the police. You also have the right to consult an attorney before deciding whether to submit to police questioning.

Under the Fifth Amendment, you do not have to answer questions asked to you by law enforcement officers. Police receive training in asking questions designed to elicit incriminating information from suspects. If you choose to speak to the police, you risk providing information that can assist with law enforcement’s investigation or that prosecutors can use at your trial. Instead, you should consult an attorney before deciding whether to talk to the police.

Criminal law categorizes offenses as misdemeanors and felonies. Misdemeanors include less serious criminal offenses, such as trespassing or disorderly conduct, which carry less severe penalties, including lower fines or shorter jail time. Felonies include more severe offenses like drug distribution, violent crimes, and sex offenses, which can impose penalties that include prison time and substantial fines.

No one can predict how long it may take to resolve your criminal case. Cases may take anywhere from a couple of weeks to several months. Some of the factors that can affect the duration and timeline of a criminal prosecution include:

• The type of charges you face
• The complexity of the evidence or the number of witnesses
• The types of defense strategies you pursue
• Whether the prosecution offers a plea deal and whether you choose to negotiate an agreement
• Whether you decide to take your charges to trial
• The trial court’s schedule and availability

You should never accept a plea offer without first consulting a Minnesota criminal defense attorney. A defense lawyer can advise you on the respective strength of your and the prosecution’s cases to assess your chances at trial. A defense attorney can also help you determine whether prosecutors have offered you a favorable plea deal if you wish to plead guilty. Obtaining legal advice before deciding how to respond to a plea offer can protect your rights, including your right to appeal many aspects of your criminal case.

After an arrest, you may wonder whether you will receive a jail or prison sentence following a conviction. The likelihood of incarceration will depend on factors such as the severity of the offense and the defendant’s criminal history. Courts may choose not to impose jail or prison terms on first-time offenders or defendants convicted of minor non-violent crimes. A criminal defense attorney can advocate on behalf of a defendant to highlight factors weighing against incarceration.

Courts may sentence defendants to probation instead of jail or prison for a conviction, especially if a defendant has no prior criminal record or if their offense involves a minor, non-violent crime.

In Minnesota, qualifying individuals can ask a court to expunge their criminal record. New laws also make some cases eligible for automatic expungement, including certain marijuana-related offenses or cases where prosecutors believe police mistakenly identified the defendant as the perpetrator. Otherwise, a person may seek a full expungement for most petty misdemeanors, misdemeanors, and gross misdemeanors, as well as certain felony offenses.

A person must wait a specific period to obtain an expungement. If a person does not qualify for a full expungement, they can ask the court for a “partial expungement,” which orders certain government agents to seal their records related to the person’s case.

A conviction can have other consequences beyond a sentence that includes jail or prison time, probation, fines, or restitution. For example, a felony or domestic violence conviction can result in a defendant losing their firearm rights. A sex conviction may come with the requirement to register as a sex offender. Ultimately, a person convicted of a crime will have a criminal record that can create a social or professional stigma, making it more challenging to obtain employment, educational, or housing opportunities after completing their sentence.

You should retain a criminal defense lawyer as early as possible. Even if the police have not arrested or charged you with a crime, you should still hire a defense attorney if you suspect or receive notification that the police have opened a criminal investigation against you. Hiring a criminal defense attorney early can give your attorney more time to investigate and prepare your case. Your attorney may help you avoid an arrest or criminal charges by obtaining evidence that exonerates you from criminal suspicion. However, suppose police and prosecutors choose to arrest and charge you. In that case, a defense lawyer can help protect your rights in the criminal justice system and advocate for a favorable resolution to your case.

Some of the factors you should evaluate when considering a criminal defense attorney for your case include:

• The attorney’s professional experience in the legal profession
• How long the attorney has practiced criminal law
• The percentage of the attorney’s caseload that includes criminal matters
• How often has the attorney handled criminal charges like yours
• The attorney’s track record
• The attorney’s certification and awards/recognitions
• The attorney’s communication style
• The attorney’s fee structure

Most criminal defense attorneys represent clients on an hourly fee basis, which means the attorney charges an hourly rate for each hour or fraction of an hour worked on a client’s case. Some attorneys ask clients to pay a retainer up front, from which the attorney can charge their fees as they work on the client’s case. The hourly rate an attorney charges will depend on the lawyer’s experience, reputation, certifications, and the geographic area where they practice. However, not hiring a criminal defense attorney can result in significantly higher costs for a defendant, including substantial fines, loss of freedom due to jail or prison sentences, and professional difficulties stemming from the stigma of a criminal record.