Category: Criminal Defense

Your first court date is not just a formality. It sets the tone for your case and can influence what happens next. Knowing your rights, your options, and what the court expects from you can make a meaningful difference.

What makes a crime a felony is the severity of the offense and the penalties it carries, specifically whether it is punishable by more than one year in prison. 

A warrant does not automatically mean you will be arrested immediately, but it does mean law enforcement has the authority to detain you. Knowing what to do if you have a warrant, and acting quickly and strategically can make a difference in how your case unfolds.

If you contact the alleged victim after charges are filed in Minnesota, you may be putting your case, your freedom, and your future at risk. Once criminal charges are filed, courts often impose strict no-contact conditions, either through bail conditions, release orders, or protective orders. Violating those conditions can lead to additional criminal charges, even if your intent was harmless.

Criminal defendants who interact with police officers for the first time are often left wondering, “Can the police lie to you during an interrogation?” Police officers can lie to you during an interrogation. In fact, deception is a lawful and fully permitted police technique provided the officers do not use it to force a confession. Police often claim possession of non-existent evidence or witnesses to trick you into disclosing information that can aid their investigation.

The Minnesota Bureau of Criminal Apprehension (BCA) has suspended breathalyzer testing statewide after discovering significant human errors with the maintenance of these devices. The errors may have compromised the accuracy of hundreds, potentially thousands, of driving while intoxicated (DWI) breath tests conducted across the state.

People under criminal investigation or whose phones have been seized by law enforcement officers may ask, “Can police search your phone without a warrant in Minnesota?” It’s illegal for police to search your phone without a warrant. However, there are exceptions to the warrant requirement. These exceptions include when you consent to the search, someone’s life is in danger, or there is an immediate risk of evidence destruction.

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.