There are many ways to reduce the impact of a charge on a person’s criminal record. Many of our past clients have been able to resolve their cases without a conviction appearing on their records. Call us today to discuss the particulars of your case.
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Am I going to go to jail?
Generally speaking, first-time offenders do not serve jail time on low-level misdemeanor cases. However, aggravating circumstances can make serving jail time a possibility, because prosecutors and judges do take all of the facts of a case into account when reviewing the offense at hand. We can tell you if there is a realistic risk of serving jail during a free initial consultation. The basic sentencing parameters for offenses in Minnesota are:
Petty Misdemeanor Offenses—A petty misdemeanor is not a crime. The maximum punishment for a petty misdemeanor is a $300 fine plus any surcharges the county may add. You cannot go to jail for a petty misdemeanor.
Misdemeanor Offenses —A misdemeanor is punishable by a maximum fine of $1,000 and/or up to 90 days in jail.
Gross Misdemeanor Offenses— A gross misdemeanor is punishable by a maximum fine of $3,000 and/or up to 90 days in jail.
Felony Offenses— A felony carries a possible sentence of at least 366 days in jail and a maximum fine that is greater than $3,000.
Will I have to go to court?
If you have been charged with a crime of any kind (with the exception of some low-level traffic tickets) you will likely have to go to court.Petty misdemeanors are not crimes and you do not have to attend court to resolve them. To resolve a petty misdemeanor, you can generally call the court administrator in the county in which a ticket was issued and either pay a fine by phone or meet with a hearing officer to discuss the ticket. You can also call the court administrator in the county where the alleged offense occurred and ask if there is a court date scheduled for the case.
Do I need a lawyer?
This is a difficult question to answer, because even the smallest cases can have significant consequences. However, it is safe to say that most people should hire or at least consult with an attorney if they are charged with a crime (a misdemeanor, gross misdemeanor, or felony). We advise anyone who has been charged with an offense to call us for a free consultation so we can discuss the details of the case to determine if counsel is necessary. Our initial consultation is always free.
How do I know if I’ve been charged with a crime?
If you have been charged with a crime, the State must provide you notice by handing or mailing you a ticket (in misdemeanor cases), or a complaint (in felony or gross misdemeanor cases). If you have not received either of these, then you have not yet been charged with any crime.
Should I talk to the police?
If you are the suspect in an investigation, you should not speak with any law enforcement officer without speaking to an attorney first. The primary goal of law enforcement is to build a case strong enough to send to the local prosecutor for charging.
If you are asked questions by the police, tell them that you would like to call your attorney before talking, and call us for legal advice at 612-730-1738.
I have been charged with a serious crime. Can you help me avoid a presumptive commit to prison?
Our firm has handled many 1st- and 2nd-degree felony and prison-commit cases. In these cases it is essential to find a way to avoid a prison sentence. In cases where the State’s admissible evidence is overwhelming clients, may benefit from motioning for a downward departure from a guideline prison sentence. Even in very serious cases, we have successfully motioned the court to change prison sentences to jail sentences of a year or less, been able to avoid jail entirely or have had the cases dismissed altogether. This is sometimes possible even when a mandatory sentence calls for prison or jail.
Do you have experience representing clients with mental health concerns?
Our firm has handled many cases where the mental health of the client was a central circumstance in the representation. In these cases, we strive to help the courts understand our client’s special circumstances and needs. Often, our client’s mental health status becomes a critical element in the defense of their case. Taking time to understand a client’s mental health concerns and then aiding them in gathering proof of how their condition is relevant to the alleged charges is extremely important. Coordinating with family members, evaluators, doctors, and other professionals is critical in the successful representation of those with mental health diagnoses.
My son or daughter has a drug problem and has been arrested on a possession charge. What can be done to help them get treatment and protect their future?
In many cases, for first-time drug offenders, we can help keep permanent felony charges from going onto a client’s record. Our attorneys can also recommend resources to help individuals address addiction and chemical dependency. Representation of someone suffering from drug addiction takes time and patience. We start by going through an extensive intake meeting where we learn about the client’s personal background, including the length of their addiction, previous interventions and time in treatment, and triggers or life circumstances that may be contributing to use or relapse. The possibility of co-occurring mental health concerns, depression and anxiety are also things that must be addressed. Addiction is complex and is at the heart of many of the cases we handle. One must use a holistic approach in helping those who are trying to find a path toward sobriety while fighting criminal charges. We strive to do everything we can to aid our clients and their families in this struggle. Navigating these difficult waters is what we do and the helping our clients find long-lasting sobriety is a reward all its own. If you or your family member is struggling with addiction, please call us. We can help.
If I am injured in a car accident in Minnesota, what should I do?
If you have been seriously injured, you should seek immediate medical attention. If you are able to remain at the scene, we advise that anyone who has been in a car accident call the police to make a report. Obtain the contact information and insurance information from any and all parties involved in the accident, and ask for contact information from any witnesses to the accident. All parties and witnesses should remain at the scene until the police arrive, in order to provide statements and contact information to the police. You should see your doctor within a few days of a car accident to document any injuries and receive treatment. Within 24 hours of a car accident, you should notify your own auto insurance and the liability insurance company (the at-fault party’s insurance carrier) and open a claim with each insurance carrier. If possible, take pictures of any property damage to the vehicle. We advise anyone who has been injured in an auto accident to contact an attorney. Our initial consultation is always free, and we do not collect additional fees for assisting clients with getting their medical bills covered by their own auto insurance carrier.
My car was seriously damaged in an auto accident. How can I get my car repairs covered?
If there is clearly an at-fault party, and you were the victim (if you were rear-ended, for example), then the “liability carrier” (the auto insurance provider of the at-fault driver) will be responsible for your repair bills. If the at-fault party is uninsured or you are the at fault party, your own auto insurance company may cover the repairs if you carry collision coverage. This is a complicated area of the law, and the answer to this question really depends on the specifics of your situation. We do recommend that you take advantage of a free consultation with a personal injury attorney.
I was seriously injured in an auto accident, and my medical bills exceeded the $20,000 limit of my Personal Injury Protection (PIP) coverage from my own auto insurance company. How can I get the rest of my bills covered?
If your accident-related injuries required treatment that exceeded your PIP limit (the amount your own auto insurance carrier is required to pay) you have several options. If you have health insurance, your health insurance will likely pay your medical bills once your PIP benefits have been exhausted, although they may be entitled to a subrogation lien against any settlement or jury award you may recover in the future from the at-fault party. The liability carrier in your case (the auto insurance of the at-fault party in your auto accident) may also be required to pay your medical bills. We advise you to consult with an attorney in any case, because some time limits and other exclusions apply, and the best route will depend on your specific situation.
