Criminal Defense

Our attorneys represent you at any phase of your case, from the initial stages of an investigation through your trial. We regularly appear with clients at arraignments, first appearances, omnibus hearings, pretrials and trials.  Our attorneys can also be present for police lineups and police questioning. No matter what stage a criminal defense case is at, we are ready to represent the accused.

Contact us to arrange an appointment with one of our criminal defense lawyers.

*This material is educational only. It does not constitute legal advice, it should not be relied on, and it does not create an attorney-client relationship.

In addition to appearing with clients at all types of hearings and zealously defending clients at trial, our criminal defense attorneys always review client files to determine the client’s options. In some cases, this may mean that our criminal defense attorneys will attempt to suppress evidence based on various types of constitutional violations. It may also mean that our attorneys move for the outright dismissal of a criminal complaint.

In some instances, a client may simply want the best plea offer they can receive. We can help. We negotiate with prosecutors to get the best deal possible for our clients. This involves demonstrating weaknesses in the prosecution’s case based upon our review of the client’s file.

Whether our attorneys file motions, take a case to trial or simply negotiate with a prosecutor is always up to our clients. Our job is not to make decisions for a client, but to provide options. Then, our clients make their own informed decisions.

Contact us to arrange an appointment to speak to one of our criminal defense lawyers about your case.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

Expungements

Our attorney’s representation can also begin, or extend until, after a criminal defense case is over.  An expungement is either the return, or the sealing, of records of a criminal offense.  The types of records that can be expunged depends on a lot of different factors including: 1.) Whether an offense was charged or there was simply an arrest; 2.) Whether the person seeking the expungement was a juvenile or an adult; and 3.) What the result of the criminal case was I.E. conviction, dismissal, etc.

Whether an expungement will be successful will also depend on factors such as: 1.) Whether the records pertain simply to an arrest or an actual prosecution; 2.) If the records pertain to a criminal case, whether the case was resolved in favor of the person seeking expungement; 3.) How long ago the case was resolved; 4.) Whether the person seeking the expungement has committed any subsequent offenses; 5.) What type of offense is involved, I.E. theft, murder etc.; and 6.) Whether the person seeking the expungement has taken positive steps in their life since the criminal case was resolved like attending school, doing community service, etc.

Minnesota Expungement Process

The process of seeking an expungement begins by meeting with one of our attorneys who will be able to give advice about what type of expungement should be sought and how successful it could be.  If, after that meeting, the client decides to go forward with an expungement, one of our attorney’s will either draft a Petition for Expungement and other pertinent documents to be filed with the Court, or, shepherd the client through the process of having records of an arrest returned. If a Petition is filed, a hearing will then be held no sooner than sixty (60) days after the filing of the Petition.  Then, if, after the hearing, a Court grants the expungement, the Expungement Order will not become effective for sixty (60) days.  Accordingly, the process of seeking an expungement that requires a Petition will take no less than four months to complete.

Contact us to arrange an appointment to speak to one of our criminal defense lawyers about expungements.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

DWI/DUIs are commonplace. Many people have a friend or a relative that has a driving while impaired conviction on their record. Most people think that DWI/DUIs are only for drinking and driving, but they can also be for driving with the presence of a scheduled controlled substance in your system whether it be an illegal substance or one you are prescribed.

While DWI/DUIs are commonplace, over the years the consequences of a DWI/DUI arrest or conviction have steadily increased. Those penalties can be criminal, but people often don’t realize that civil penalties and consequences can also come along with just an arrest for DWI.

Criminal Penalties

Criminal penalties for convictions of driving while impaired of any degree will generally include: probation (or conditional release if a prison sentence is pronounced), attendance at a Mothers Against Drunk Driving (MADD) Victim Impact Panel (VIP), a chemical use assessment, restrictions on the use of alcohol and non-prescribed prescription drugs, a fine, general probationary conditions like staying in contact with your agent etc. and perhaps even jail or prison time. The exact criminal penalties depend on the level of driving while impaired that you are charged with.

Driving while impaired charges range in severity from 4th degree DWI/DUI (the least severe) to 1st degree DWI/DUI (the most severe). In Minnesota, driving while impaired is an enhanceable offense meaning that convictions for DWI/DUI within ten years of a new charge will make those charges more severe.

4th Degree Driving While Impaired

4th degree driving while impaired is the lowest level of driving while impaired offense. People are generally charged with 4th degree driving impaired if they do not have another conviction for DWI/DUI within ten years, their blood alcohol concentration is .08 but less than .16 or they appear to be impaired but there is no blood alcohol test or they have the presence of a scheduled controlled substance in their system.

4th degree driving while impaired is a misdemeanor and is punishable by up to 90 days in jail and/or a $1,000.00. If you are convicted of a 4th degree DWI/DUI you may not serve any additional jail time if you spent the night in jail, but you will be placed on probation and will have time hanging over your head. Should you not complete probation successfully, you may end up serving some, or all of the time that is hanging. Additionally, you should be prepared to pay fines, surcharges and costs up to a $1,000.00.

3rd Degree Driving While Impaired

People are charged with third degree driving while impaired if there is a single aggravating factor present in their case. Aggravating factors include: 1.) A prior driving while impaired conviction or alcohol or substance license withdrawal within the past ten years; 2.) A blood alcohol concentration in excess of .16; or 3.) A child under the age of 16 in the vehicle at the time of the offense.

3rd degree driving while impaired is a gross misdemeanor punishable by 365 days in jail and/or a $3,000.00 fine. If you are convicted of a 3rd degree DWI/DUI you may be required to serve 48 hours or more in jail and will be placed on probation and have up to 365 days in jail hanging over your head. Should you not complete probation successfully, you may end up serving some, or all of the time that is hanging. Additionally, you should be prepared to pay fines, surcharges and costs up to a $3,000.00.

2nd Degree Driving While Impaired

People are charged with second degree driving while impaired if there are two aggravating factors present in their case. Aggravating factors include: 1.) A prior driving while impaired conviction or alcohol or substance license withdrawal within the past ten years; 2.) A blood alcohol concentration in excess of .16; or 3.) A child under the age of 16 in the vehicle at the time of the offense.

2rd degree driving while impaired is a gross misdemeanor punishable by 365 days in jail and/or a $3,000.00 fine. If you are convicted of a 2rd degree DWI/DUI you may be required to serve 90 days or more in jail (at least thirty of which will have to be consecutive) and will be placed on probation and have up to 365 days in jail hanging over your head. Should you not complete probation successfully, you may end up serving some, or all or all of the time that is hanging. Additionally, you should be prepared to pay fines, surcharges and costs up to a $3,000.00.

1st Degree Driving While Impaired

People are charged with first degree driving while impaired if there are three aggravating factors present in their case. Aggravating factors include: 1.) A prior driving while impaired conviction or alcohol or substance license withdrawal within the past ten years; 2.) A blood alcohol concentration in excess of .16; or 3.) A child under the age of 16 in the vehicle at the time of the offense.

1st degree driving while impaired is a felony punishable by up to seven years in prison and/or a $14,000.00 fine. If you are convicted of a 1st degree DWI/DUI you may be required to serve 180 days or more in jail (at least thirty of which will have to be consecutive) and may be placed on probation with additional time hanging over your head. Should you not complete probation successfully, you may end up serving some, or all or all of the time that is hanging. In some cases, a conviction for 1st degree driving while impaired may result in a prison sentence. If you are sent to prison, you will be subject to a 5-year conditional release period. If you violate your conditions of release, you may be sent back to prison to finish out the remainder of your sentence. Additionally, you should be prepared to pay fines, surcharges and costs in a significant amount.

Test Refusal

Refusing to submit to a breathalyzer (at the police station), blood test or urine test is a separate crime in Minnesota. The crime of test refusal ranges in degree from 3rd to 1st and carries with it criminal penalties identical to driving while impaired offenses. In some cases, the crime of test refusal may be more severe than the underlying criminal offense because it begins as a third-degree offense automatically. This means that a first-time offender whose blood alcohol concentration is in excess of .08 but less than .16 may be charged with a gross misdemeanor if they refuse to test but would have been charged with a misdemeanor offense had they submitted to testing.

Civil Penalties

If you are arrested for DWI/DUI you may face civil penalties whether you are convicted of a criminal offense or not. Every DWI/DUI case has a civil component to it that affects your license plates and driving privileges. The civil portion of your DWI/DUI case is separate from the criminal case. As a result, you can escape a conviction for DWI/DUI but at the same time face civil penalties. If you are convicted of a DWI/DUI though, you will be subject to civil penalties.

There are many civil penalties for DWI/DUIs. Many of those penalties will affect your ability to drive in Minnesota. This can include periods of the revocation, suspension or cancellation of your driving privileges for 30 days (for 4th degree DWI/DUI offenders who plead guilty at their first appearance) to up to 10 years (if the DWI/DUI involves an accident resulting in death). You may also be required to drive with ignition interlock which will prevent your vehicle from being operated if the person attempting to drive it has a breath alcohol concentration in excess of .02. Finally, you may have an alcohol restriction placed on your license. This is more commonly known as a B-Card. Having a B-Card means that if you consume alcohol your driver’s license may be cancelled. This consumption does not have to be in a vehicle and does not have to result in criminal charges although having alcohol in your system while driving with a B-Card is a separate offense.

In addition to driver’s license penalties, you may have your license plates impounded. If this happens you will be required to have special plates placed on your vehicle. These plates are commonly known as “whiskey plates” and are a white license plate with black letter where the plate number always begins with a “W.”

Civil Consequences

In addition to criminal and civil penalties, there are often civil consequences that accompany a conviction for a DWI/DUI. These include but are not limited to: Changing or obtaining life insurance or disability insurance and increased costs for auto insurance for you and your family. In addition to impacts on insurance coverage, one of the main civil consequences that people are not aware of involves a person’s ability to visit a foreign country. Some countries will deny entry to a person with a DWI/DUI conviction.

In our area, the main country that people have problems with is Canada. Canada may deny entry to a person with a DWI/DUI conviction. If that happens, the process to obtain entry into Canada can be very difficult. If you are planning a fishing or camping trip to Canada or are entering a Canadian port on a cruise, you will have to plan ahead so that you are not surprised if you are denied entry at the border.

Contact Us

As you can see, the criminal penalties, civil penalties and civil consequences that can come with a DWI/DUI offense are severe. If you are facing charges for DWI/DUI in Brainerd, Aitkin, Little Falls, Long Prairie, Walker Wadena or the counties of Crow Wing, Aitkin, Morrison, Todd, Cass, or Wadena it is important that you have an experienced attorney who is prepared to advise you and fight for your rights.

Contact us today to arrange an appointment to speak to one of our criminal defense lawyers about your DWI/DUI case.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

Types of Cases:

In Minnesota Assault charges may be classified by five levels:

• First Degree Assault
• Second Degree Assault
• Third Degree Assault
• Fourth Degree Assault
• Fifth Degree Assault
• Fifth Degree Domestic Assault

There are also other types of violent crime including:

• Disorderly conduct
• Fear of bodily harm
• Stalking
• Battery
• Assault with a deadly weapon
• Spousal abuse
• Violating a restraining order
• Drug and alcohol related assault
• Harassment
• Terrorist threats
• Sexual Assault / Sexual Battery
• Child abuse
• Interfering with 911 calls
• Domestic violence / assault

Penalties for Assault and Violent Crimes

Many assault and violent crimes offenses are classified as felonies. This means that a defendant may face being sentenced to jail or prison, along with heavy fines and other sanctions. A violent crime conviction will remain on your permanent criminal record, which can be accessed by potential landlords, employers, schools and financial institutions. It will also affect your ability to own and possess firearms and may affect your ability to obtain housing. 

Convictions and Gun Rights

Many convictions for certain types of assault or other violent crimes can result in the loss of your right to use and/or possess a firearm or ammunition even if it is not a felony or a crime of violence. This loss of rights may be for the period you are on probation or may be a lifetime loss. This means that even a misdemeanor offense like a domestic assault may have lifetime consequences and prevent people from hunting which is a major pastime in this area. Whether a conviction will limit your gun rights is something you should consult with an experienced attorney about.

Protect Your Future and Rights By Contacting A Minnesota Assault and Violent Crimes Attorney

There are several defense strategies you can use when facing a violent crime case. One of our experienced Minnesota Criminal Defense Lawyers will assess your case on an individual basis, interview the key witnesses, consult with experts, determine the best defense tactics to take and ensure that your legal rights are protected before, during and after the court process.

If you, or someone you know, have been charged with an assault/violent crime in Minnesota, you need to retain the services of a qualified, passionate and knowledgeable Criminal Defense attorney who will be your voice in the criminal justice system and who has a successful track record when it comes to fighting violent crime charges in the state of Minnesota. When you face such life-changing consequences, you cannot risk being without trustworthy, aggressive legal representation. Our Criminal Defense Lawyers are fully prepared to handle your assault/violent crime case. We can provide you with the guidance and legal counsel you need to fight your charges.

Contact us today to arrange an appointment to speak to one of our criminal defense lawyers about your Assault/Violent Crime case.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

Theft

What is Theft?

Theft crimes happen when one person exerts control over another person’s property without authorization, depriving the victim of that property permanently. It must be clear that the property in question was not simply borrowed or a misunderstanding occurred. Theft crimes can also be temporary, such as the taking of lost property or using another’s car without express permission, with no intent to permanently deprive the owner of the vehicle.

In Minnesota theft crimes can be misdemeanors, gross misdemeanor, or felonies. How a theft is classified is based on the dollar value of the property or services involved, or become a felony because of the nature of the property that was taken, for example: controlled substances, firearms, vehicles etc.

Misdemeanor Theft

Misdemeanor theft involves theft crimes when the value of the property or services stolen is $500 or less. Maximum penalties are 90 days in jail, a $1,000 fine, or both.

Gross Misdemeanor Theft

When the value of the property or services stolen is between $501 to $1,000, then the theft is classified as a gross misdemeanor. Maximum penalties are 365 days in jail, a $3,000 fine, or both.

Felony Theft

When the value of the property or services stolen is $1,001 or greater, a theft becomes a felony. Theft of property or assets valued between $1,001 to $5,000, is punishable by a sentence of imprisonment of no more than five years, a fine of not more than $10,000, or both. Other acts of theft that fit this punishment range can also include:

• Theft of a Schedule III, IV, or V controlled substance;
• Theft when the value involved is more than $500 but less than $1,000, but the person has a prior conviction within five years;
• Theft when the property involved is less $1,000, but is taken from a corpse, grave, or coffin; or is a public or court record; is taken during a riot or disaster; or is a motor vehicle;

Theft of more than $5,000, is punishable by a sentence of imprisonment of not more than 10 years, a fine of not more than $20,000, or both. Other acts of theft that fit this punishment range can also include:

• Theft of a trade secret
• Theft of an explosive or incendiary device
• Theft of a Schedule I or II controlled substance, other than marijuana

Theft of more than $35,000 is punishable by a sentence of imprisonment of not more than 20 years, a fine of $100,000, or both. Other acts of theft that fit this punishment range can also include:

• Theft of property or services valued at more than $35,000 when certain aggravating circumstances exist, which include fraud, deceit, or a vulnerable adult victim
• Theft of a firearm of any value

What to Do If You have been Charged with Theft

Being convicted of theft can have a serious effect on your life. The short-term consequences of a theft conviction can be jail or prison, hefty fines and years of probation. The long-term consequences of a theft conviction can be life-long. Depending on the level of the charge, it may mean not being able to vote or possess a firearm, and can cause difficulty in obtaining housing or employment. 

Our attorneys have represented clients in many types of theft cases. We will provide zealous and effective advocacy to protect your rights. If you have been charged with theft you should call to arrange a consult so we can tell you what we can do about your personal case.

Contact us today to arrange an appointment to speak to a criminal defense lawyer near you about your theft case.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

Burglary

What is Burglary?

Burglary involves breaking and entering into a person’s home or other buildings with the intent to commit, or while committing, another crime inside. Usually, the crime that a person commits inside is theft. However, the commission of other crimes inside a building or home can result in a burglary charge. There are four different degrees of burglary, and how serious a burglary charge is can depend on a lot of factors. 

Burglary in the First Degree

A person who enters a building without consent with the intent to commit a crime or who commits a crime while in the building, either directly or as an accomplice can be charged with Burglary in the First Degree if: 1.) The building is a dwelling and another person, not an accomplice, is present in it when the burglar enters or at any time while the burglar is in the building; 2.) The burglar possesses, when entering or at any time while in the building, a dangerous weapon, any article used or fashioned in a manner to lead a victim to reasonably believe it to be a dangerous weapon or an explosive; or 3.) The burglar assaults a person within the building or on the building’s appurtenant property. 

Burglary in the First Degree is a felony punishable by up to 20 years in prison and/or a fine of up to $35,000.00 or both. There is also a mandatory minimum sentence associated with a conviction for Burglary in the First Degree. If the building is a dwelling and another person not an accomplice is present in it when the burglar enters or at any time while the burglar is in the building, then a Court must sentence a person convicted of Burglary in the First Degree to prison or a county workhouse for not less than six months. This is true even if a person would normally receive a stayed sentence.

Burglary in the Second Degree

A person who enters a building without consent with the intent to commit a crime or who commits a crime while in the building, either directly or as an accomplice can be charged with Burglary in the Second Degree if: 1.) The Building is a dwelling; 2.) A portion of the building entered contains a banking business or other business of receiving securities or other valuable papers for deposit or safekeeping and the entry is with force or threat of force; 3.) A portion of the building entered contains a pharmacy or other lawful business or practice in which controlled substances are routinely held or stored, and the entry is forcible; 4.) when entering or while in the building, the burglar possesses a tool to gain access to money or property; or 5.) The building is a religious establishment, historic property or school building and the crime committed, or that the burglar intends to commit, is either a theft or to damage property inside.

Burglary in the Second Degree is a felony punishable by up to ten years in prison and/or a fine of up to $20,000.00 or both.

Burglary in the Third Degree

A person who enters a building without consent with the intent to commit steal or commit a gross misdemeanor or felony inside or who steals or commits a gross misdemeanor or felony while in the building, either directly or as an accomplice can be charged with Burglary in the Third Degree.

Burglary in the Third Degree is a felony punishable by up to five years in prison and/or a fine of up to $10,000.00 or both.

Burglary in the Fourth Degree

A person who enters a building without consent with the intent to commit a misdemeanor other than stealing or commits a misdemeanor other than stealing inside, either directly or as an accomplice can be charged with Burglary in the Fourth Degree.

Burglary in the Fourth Degree is a gross misdemeanor punishable by up to one year in jail and/or a fine of $3,000.00 or both.

What to Do If You have been Charged with Burglary

Being convicted of burglary can have a serious effect on your life. The short-term consequences of a theft conviction can be jail or prison, hefty fines and years of probation. The long-term consequences of a theft conviction can be life-long. Depending on the level of the charge, it may mean not being able to vote or possess a firearm, and can cause difficulty in obtaining housing or employment. 

Our attorneys have represented clients in many types of burglary cases. We will provide zealous and effective advocacy to protect your rights. If you have been charged with burglary you should call to arrange a consult so we can tell you what we can do about your personal case.

Contact us today to arrange an appointment to speak to a criminal defense lawyer near you about your burglary case.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

Fraud

What is Fraud?

Fraud is a broad category of white-collar crimes that can be broadly defined as intentionally deceiving a person or a group of people for personal gain or in an effort to injure another party. Because there are different types of fraud, convictions for fraud charges will vary greatly and will depend on the facts of the case, the value of the property or money taken (or amount of injury caused), public benefits taken and the manner in which the fraud was committed. 

What to Do If You have been Charged with Fraud

Being convicted of fraud can have a serious effect on your life. The short-term consequences of a fraud conviction can be jail or prison, hefty fines and years of probation. The long-term consequences of a fraud conviction can be life-long. Depending on the level of the charge, it may mean not being able to vote or possess a firearm, and can cause difficulty in obtaining housing or employment. 

Our attorneys have represented clients in many types of fraud cases. We will provide zealous and effective advocacy to protect your rights. If you have been charged with fraud you should call to arrange a consult so we can tell you what we can do about your personal case.

Contact us today to arrange an appointment to speak to a criminal defense lawyer near you about your fraud case.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.

Probation Violations

Meeting the Challenges of Probation

Being on probation presents its own set of challenges and disadvantages. A person on probation may be required to meet with his/her agent on a regular basis, take random drug and alcohol tests, complete assessments, and follow through with the recommendations of the assessment. Many individuals who spend time on probation end up facing a probation violation if they don’t comply with probation requirements.

Probation violations may include:

• Failing urine screening testing or refusing testing
• Failing to abide by the law while on probation
• Failure to pay fines/restitution or other fees
• Commission of a new offense
• Failing to remain in contact with the probation officer
• Leaving the State without permission
• Failing to successfully complete treatment
• Lying to your Probation Agent
• Violating the terms of a restraining order
• And/or violating additional terms of the probation agreement

Probation Violation Penalties

A probation violation may trigger a number of penalties. If the underlying offense is a misdemeanor, you could serve the full 90 day jail sentence. If the underlying offense is a gross misdemeanor, you could serve the full 365 day sentence. If the underlying offense is a felony, you could be sent to prison for the length of your stayed prison sentence. A probation violation may also cause the revocation of a Stay of Adjudication or a Stay of Imposition, meaning that a conviction that would otherwise stay off of your record if you successfully completed probation (or be reduced to a misdemeanor) may end up on your record. The severity of what penalties may be imposed depends on a number of factors including the type and extent of the violation. Some penalties that are less than the execution of a stayed sentence may include:

• Additional fines
• Additional jail time
• Extension of the length of probation
• Court ordered treatment
• And/or additional penalties to be decided at the time of disposition
• Revocation of Stay of Adjudication or Stay of Imposition

Protecting Your Legal Rights

You do have rights while on probation. Your rights need to be properly represented in court. These important rights include:

• The right to a hearing;
• The right to present evidence on your behalf;
• The right to present witnesses;
• The right to cross-examine witnesses;
• The right to have an attorney represent you and your interests;
• The right to have the State prove the violation by clear and convincing evidence;

Protect Your Future By Contacting A Minnesota Probation Violation Lawyer

A probation violation is a daunting and stressful situation. You run the risk of jail time, extending your probation, increased probation conditions, house arrest, home monitor and having offenses placed on your record that otherwise wouldn’t or that would be reduced if you had successfully completed probation. You need an attorney that will navigate you through a probation violation to ensure that you avoid further life changing consequences. Our lawyers are aggressive and creative in resolving probation violations and preventing jail time. We understand the stress involved in Minnesota probation violation cases and are dedicated to keeping the penalties to a minimum.

Contact us today to arrange an appointment to speak to one of our local criminal defense lawyers about your probation violation case.

*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.