Criminal Defense Lawyer
An arrest or criminal charge puts your freedom and future at risk. At Claffey Law, our lawyer, Katie Claffey, defends clients facing criminal sexual conduct, DWI, drug crimes, assault and other criminal charges in White Bear Lake, in Hastings and throughout the South Metro Minneapolis area. From your first call through case resolution, she will explain your options and build a defense strategy for your specific situation.
Understanding Criminal Charges in Minnesota
Minnesota classifies criminal offenses into three main categories, each carrying different potential consequences:
- Misdemeanor: While considered the least serious category, misdemeanor charges can still significantly impact your life. These offenses carry penalties of up to 90 days in jail and fines reaching $1,000. Common examples include theft, assault, disorderly conduct and certain traffic violations.
- Gross misdemeanor: More severe than misdemeanors but less serious than felonies, gross misdemeanors can result in up to one year in jail and fines up to $3,000. Many DWI offenses fall into this category along with certain domestic assault charges.
- Felony: The most serious criminal charges include violent crimes, major drug offenses and high-level theft. Felony convictions can lead to lengthy prison sentences and substantial fines. These charges carry lasting consequences that extend beyond incarceration and affect employment, housing and civil rights.
Your charge classification determines the legal process, potential penalties and available defense strategies.
The Criminal Defense Process
Here’s what happens at each stage of a criminal case:
- Arrest and booking: After arrest, you’ll be taken into custody for booking. Exercise your right to remain silent. Request an attorney immediately and do not make statements to law enforcement without legal representation present.
- First appearance (arraignment): At your initial court appearance, you’ll hear the formal charges and enter a plea. The judge will address bail conditions and set future court dates. Legal counsel at this hearing protects your procedural rights.
- Pretrial proceedings: This phase involves reviewing evidence, filing motions to suppress illegally obtained evidence, negotiating with prosecutors and preparing your defense strategy. Many cases resolve during pretrial negotiations through charge reductions or alternative sentencing options.
- Trial: If your case proceeds to trial, we present your defense before a judge or jury. The prosecution must prove guilt beyond a reasonable doubt, which requires careful examination of their evidence and witnesses.
- Sentencing: If convicted, the judge determines your sentence based on Minnesota Sentencing Guidelines, the nature of the offense and your criminal history.
- Post-conviction options: Depending on your case, appeals or record expungement may be available later. We help you understand these options.
Each stage offers opportunities to challenge the prosecution’s case.
Common Questions About Criminal Defense in Minnesota
Clients often come to us with urgent questions about their rights and what steps to take next. Below, we provide answers to some of the most pressing concerns we hear.
What should I do immediately after an arrest?
Stay calm and cooperate politely with law enforcement but firmly exercise your right to remain silent. Do not answer questions about the incident or provide statements without your attorney present. Avoid resisting arrest or arguing with officers as this can lead to additional charges. Contact a criminal defense lawyer as soon as possible, ideally before speaking to anyone about your case.
Can criminal charges be dismissed or reduced?
Yes. Charges can be dropped when the prosecution lacks sufficient evidence, when law enforcement violated your constitutional rights or when legal defenses apply to your situation. Through skilled negotiation, we often secure plea agreements that reduce charges to lesser offenses or result in alternative sentencing like diversion programs. Early intervention by a defense attorney improves the likelihood of favorable outcomes.
Will I have a criminal record after conviction?
Yes. If you have a criminal conviction, your record will reflect that conviction until and if it is eligible for expungement. Many offenses are eligible for expungement but there are certain offenses that cannot be expunged from your record and will remain on your record.
How does bail work in Minnesota?
Most individuals arrested in Minnesota are eligible for bail though the amount depends on charge severity, criminal history and flight risk. Bail can be posted as a cash bond (paying the full amount), a surety bond (using a bail bondsman) or release on your own recognizance (ROR) based on your promise to return for court hearings. If bail is unaffordable, our lawyer can argue for reduced amounts or alternative release conditions.
Talk to Our Criminal Defense Lawyer for Free
If you’ve been charged with a crime in White Bear Lake, in Hastings or anywhere in Hennepin, Ramsey, Dakota or Scott counties, time is critical. Early legal intervention can make a significant difference in the outcome of your case. At Claffey Law, we offer free consultations to discuss your situation, answer your questions and provide a clear roadmap for your defense. Our firm also handles juvenile delinquency cases and child protection proceedings for families throughout Minnesota.
Call 763-270-9910 or message us online to schedule your free consultation.