Frequently Asked Questions
Criminal Law

1. What should I do if I’ve been arrested in Minnesota? ​
 

If you've been arrested in Minnesota, the most important thing to do is remain calm and cautiously cooperate with law enforcement but also get a lawyer right away. You have the right to remain silent, and it’s advisable to exercise that right until you can speak with an attorney. Be polite, but do not answer any questions or provide statements without your lawyer present. After you are arrested, you will typically be taken to jail, where you may be booked and held until your first appearance in court.

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Key steps to take:

• Stay silent and ask for your attorney immediately.

• Do not resist arrest or argue with the police.

• Avoid speaking about the details of the case until you consult with an attorney.

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2. What is the difference between a misdemeanor, felony, and gross misdemeanor in Minnesota?

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In Minnesota, criminal offenses are classified into three categories based on their severity:

• Misdemeanor: These are the least serious offenses, but although they are deemed "least serious" these types of offenses can have major impacts and consequences. A misdemeanor can result in up to 90 days in jail and/or a fine of up to $1,000.
   

• Gross Misdemeanor: More serious than a misdemeanor, but not as severe as a felony. A gross misdemeanor can result in up to 1 year in jail and/or a fine up to $3,000.
   

• Felony: The most serious crimes, such as murder, rape, or drug trafficking. Felony convictions can result in lengthy prison sentences, with the possibility of life imprisonment in extreme cases. Felonies also carry substantial fines.
   

The potential consequences of a criminal charge depend on the type of crime committed, whether it is classified as a misdemeanor, gross misdemeanor, or felony, and the Minnesota Sentencing Guidelines.​

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3. What happens during my first court appearance in Minnesota?

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Your first court appearance, called an arraignment, is where you will be formally informed of the charges against you. During this appearance, you will enter a plea of guilty, not guilty, or no contest. If you plead not guilty, the court will set a date for a trial or pretrial hearing.

What to expect:

• You will hear the charges against you.

• Your lawyer may request bail or conditions for your release.

• The judge will discuss future court dates and procedures.
   

It’s important to have an attorney by your side during this first appearance to help guide you through the process and to ensure that your rights are protected.

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4. Can I get bail after being arrested in Minnesota?

In most cases, individuals arrested in Minnesota are eligible for bail, though the amount and conditions will depend on the severity of the charges, prior criminal history, and flight risk. Bail is a financial arrangement that allows you to be released from jail while you await trial.

Bail can be set as:

• A cash bond, where you pay the full amount to be released.

• A surety bond, where a bail bondsman posts bond on your behalf for a fee.

• Release on your own recognizance (ROR), meaning you’re released without paying bail based on the promise that you will return for your court hearings.

If you cannot afford bail, it’s important to speak with an attorney who may be able to argue for a reduction or alternative release conditions.

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5. How does the Minnesota criminal justice system work?

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The Minnesota criminal justice system follows a structured process from the initial investigation through potential conviction and sentencing. The key stages include:

1. Investigation and Arrest: Law enforcement gathers evidence and makes an arrest if there’s probable cause.

2. Pretrial Hearings: After arrest, a defendant may appear in court for hearings related to bail, plea negotiations, and the trial date.

3. Trial: If a case goes to trial, both the prosecution and defense present evidence, and a judge or jury renders a verdict.

4. Sentencing: If convicted, the judge will determine a sentence, which can include fines, probation, or jail/prison time.

5. Appeals: If you are convicted, you may appeal the decision to a higher court, challenging errors in the trial process or legal rulings.
    

Having an experienced criminal defense attorney is crucial at every stage of this process to ensure your rights are upheld and to help achieve the best possible outcome.

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6. Can my charges be dropped or reduced in Minnesota?

Yes, criminal charges can sometimes be dropped or reduced through negotiations or after legal challenges. If the prosecution lacks sufficient evidence or if certain legal defenses apply, charges may be dropped. Additionally, your defense attorney may be able to negotiate a plea deal that results in a reduction of charges or a more lenient sentence.

Possible outcomes:

• Dismissal: Charges can be dropped if the evidence is insufficient or due to legal technicalities.

• Plea Bargaining: You may agree to plead guilty to a lesser offense in exchange for reduced charges or a more lenient sentence.

• Diversion Programs: In some cases, individuals may be eligible for alternative programs such as rehabilitation, which can avoid a criminal conviction.

It's crucial to consult with an attorney early on to evaluate the strength of the case against you and to explore all available options.

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7. Will I have a criminal record if I’m convicted of a crime in Minnesota?

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Yes, if you are convicted of a criminal offense in Minnesota, it will appear on your criminal record. However, some convictions can be sealed or expunged under certain conditions. Expungement is the legal process of sealing your criminal records so they are no longer accessible to the public.

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You may be eligible for expungement if:

• You have successfully completed all terms of your sentence.

• You have demonstrated that sealing your record is in the interest of justice.

• You are not facing any other pending criminal charges.
   

An attorney can help you understand whether you are eligible for expungement based on your specific case.

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Disclaimer:
The information provided on this website is for general informational purposes only and is not intended as legal advice. Viewing or reading the content on this site does not create an attorney-client relationship. If you need legal advice or representation, please contact an attorney directly.